Opinion
No. 04-18-00001-CV
01-03-2018
IN RE SHOPOFF ADVISORS, L.P.
This proceeding arises out of Cause No. 2016-CI-04489, styled Shopoff Advisors, L.P. v. Atrium Circle, GP, et al., pending in the 37th Judicial District Court, Bexar County, Texas, the Honorable Norma Gonzales presiding.
ORDER
Sitting: Marilyn Barnard, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice
On January 2, 2018, relator filed an Original Action for Writ of Mandamus and/or Writ of Injunction and Motion for Temporary Relief. In this original proceeding, relator asserts that, because it filed a cash deposit in lieu of bond, this court should prohibit enforcement of the trial court's April 12, 2017 Final Judgment during the pendency of an appeal before this court. On January 3, 2018, a panel of this court, in appellate cause number 04-17-00241-CV, issued an opinion and judgment modifying the April 12, 2017 Final Judgment and affirming the judgment as modified.
This court is of the opinion that (1) our January 3, 2018 opinion and judgment may not moot the relief requested in this original proceeding, and (2) a serious question concerning the relief sought in this original proceeding requires further consideration. See TEX. R. APP. P. 52.8(b). Therefore, the respondent and the real parties in interest may file a response to the Original Action for Writ of Mandamus and/or Writ of Injunction in this court no later than January 15, 2018. Any such response must conform to Texas Rule of Appellate Procedure 52.4.
Relator's request for temporary relief is GRANTED. All proceedings to enforce the trial court's April 12, 2017 Final Judgment are STAYED pending final resolution of this original proceeding.
However, any further proceedings arising from the appeal in appellate cause number 04-17-00241-CV are not stayed. Finally, the trial court is not stayed or otherwise prohibited from choosing to modify or not modify the cash deposit in lieu of bond filed by relator. See TEX. R. APP. P. 24.3(a)(2) ("trial court has continuing jurisdiction to . . . if circumstances change, modify the amount or type of security required to continue the suspension of a judgment's execution.").
PER CURIUM ATTESTED TO: /s/_________
KEITH E. HOTTLE,
Clerk of Court