Opinion
Appellate case numbers: 01-16-00690-CVAppellate case numbers: 01-16-00604-CV
09-15-2016
In re Christine E. Reule, Relator & Christine E. Reule v. Sherwood Valley 1 Counsel of Homeowners, Inc., et al.
ORDER AND NOTICE OF INTENT TO DISMISS FOR WANT OF JURISDICTION Trial court case number: 2016-37895 Trial court: 333rd District Court of Harris County
On September 2, 2016, the relator, Christine E. Reule, filed a petition for a writ of injunction and motion for emergency stay. Relator seeks a stay of the underlying proceeding, including a non-judicial foreclosure sale of her homestead, to preserve this Court's jurisdiction over her interlocutory appeal under 01-16-00604-CV. Also on September 2, 2016, real parties in interest George Henry Ramsey III, Terry A. Frazee, and Sherwood Valley 1 Counsel of Homeowners, Inc. ("RPIs"), filed a response to the motion. On September 6, 2016, the RPIs filed a response to the petition and a letter in this Court claiming that the motion and petition are moot because the foreclosure occurred that afternoon. Thus, it appears that this Court may no longer have jurisdiction because the petition and appeal appear to be moot. See Tex. A&M Univ.-Kingsville v. Yarbrough, 347 S.W.3d 289, 290-91 (Tex. 2011).
Accordingly, the Court orders the RPIs to file an affidavit or other certified or sworn evidence showing that the foreclosure occurred, with the Clerk of this Court within 10 days from the date of this order. See TEX. R. APP. P. 52.7(b). The Court further notifies relator that the Court may dismiss this petition and the interlocutory appeal as moot unless relator files a written response showing how this Court still has jurisdiction within 10 days from the date of this order. See Yarbrough, 347 S.W.3d at 291; cf. TEX. R. APP. P. 42.3(a).
It is so ORDERED. Judge's signature: /s/ Evelyn V. Keyes
[×] Acting individually Date: September 15, 2016