Opinion
01-22-00044-CV 01-22-00046-CV
02-03-2022
Bilal Burki v. Janette D. Dansby
268th District Court of Fort Bend County Trial court numbers: 21-DCV-289522, 19-DCV-265591
ORDER
Julie Countiss Judge
On January 26, 2022, this Court granted stays of all trial court proceedings in the two above-referenced cases pending final adjudication of the present appeals or until further order from this Court.
On January 27, 2022, the trial court signed an order that addressed, among other things, the payment of supersedeas bond by appellant, Bilal Burki. The order was signed even though this Court's stays prohibited actions by the trial court and by the receiver, who is acting as an arm of the trial court by seeking to enforce the trial court's orders.
Although the order apparently was issued in writing following the trial court's verbal rendition during a January 24, 2022 hearing-a fact that appellant should have advised this Court -the order is nonetheless void because it was issued after this Court imposed the stays. See In re I-10 Colony, Inc., No. 01-14-00775-CV, 2014 WL 7914874, at *2 (Tex. App.-Houston [1st Dist.] Feb. 24, 2014, orig. proceeding) (mem. op.) (concluding trial court's entry of written order after stay's imposition "was a clear abuse of discretion" even though order was rendered orally before stay was imposed); see also In re Reed, 901 S.W.2d 604, 614 (Tex. App.-San Antonio 1995, no writ) (holding trial judge who refused to comply with appellate court's stay in contempt of court).
The stays in Cause Nos. 21-DCV-289522 and 19-DCV-265591 are lifted. The cases are remanded to the trial court for entry of an order memorializing the oral ruling(s) made during the January 24, 2022 hearing. The clerk of the trial court is instructed to forward to this Court a copy of any such order(s).
It is so ORDERED.