Opinion
NO. 09-16-00271-CV
08-02-2016
IN RE VARILEASE FINANCE, INC., VFI-SPV VIII, CORP., REPUBLIC BANK, INC., VFI-SPV IX, CORP., VFI KR SPE I, LLC, AND SOMERSET CAPITAL GROUP, LTD.
Original Proceeding 284th District Court of Montgomery County, Texas
Trial Cause No. 15-12-12796-CV
ORDER
Varilease Finance, Inc. ("Varilease"), VFI-SPV VIII, Corp., Republic Bank, Inc., VFI-SPV IX, Corp., VFI KR SPE I, LLC, and Somerset Capital Group, LTD. (collectively "Relators") filed a petition for writ of mandamus. Relators are defendants in Cause No. 15-12-12796-CV, Energy Alloys, LLC v. Varilease Finance, Inc., et al. Relators seek a writ compelling the Honorable Cara Wood, Judge of the 284th District Court of Montgomery County, Texas, to vacate her order of June 14, 2016, which denied motions to dismiss pursuant to a forum selection clause, and dismiss the case. We note our jurisdiction over this matter and the parties. See Tex. Gov't Code Ann. § 22.221 (West 2004).
Relators request a stay of all trial court proceedings as temporary relief. See Tex. R. App. P. 52.10(a). The Court finds temporary relief is necessary to prevent undue prejudice. It is ORDERED that all further proceedings in Cause No. 15-12-12796-CV are STAYED until our Opinion issues or until further order of this Court. See Tex. R. App. P. 52.10(b). No bond is required of the relators as a condition to any relief herein granted.
The response of the real party in interest, Energy Alloys, LLC, is due August 12, 2016.
MOTION FOR TEMPORARY RELIEF GRANTED.
ORDER ENTERED August 2, 2016.
PER CURIAM Before McKeithen, C.J., Kreger and Johnson, JJ.