Opinion
No. 05-17-00999-CV
08-28-2017
IN RE JOSEPH ABUZAID, Relator
Original Proceeding from the 95th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-16-06551
ORDER
Before Justices Lang, Myers, and Boatright
Before the Court are relator's August 28, 2017 petition for writ of mandamus and motion for temporary emergency relief. In the petition, relator complains of the trial court's order striking relator's net worth affidavit, which relator filed to suspend enforcement of the trial court's August 17, 2017 turnover order. In his motion for temporary emergency relief, relator seeks a stay of the turnover order pending this Court's review of the petition. Relator's appeal of the turnover order is docketed in this Court as Cause No. 05-17-00976-CV, Joseph Abuzaid v. Modjarrad & Associates, P.c., d/b/a MAS Law Firm. After reviewing the petition for writ of mandamus and the documents on file in this original proceeding and in cause number 05-17-00976-CV, we have determined that this original proceeding should be consolidated into the appeal and construed as a Rule 24.4 motion to review the trial court's order striking relator's net worth affidavit.
Accordingly, on the Court's own motion, we ORDER cause number 05-17-00999-CV CONSOLIDATED into cause number 05-17-00976-CV. We DIRECT the Clerk of Court to remove all documents from cause number 05-17-00999-CV and refile them in cause number 05-17-00976-CV and to treat cause number 05-17-00999-CV as a closed case. We ORDER that all future pleadings be filed in and bear only cause number 05-17-00976-CV. This consolidation order does not alter any pending deadlines in cause number 05-17-00976-CV.
We GRANT relator's motion for temporary emergency relief, STAY the August 17, 2017 turnover order, and STAY enforcement of the August 17, 2017 turnover order, including the pending sheriff's sale. This stay shall remain in effect until further order of this Court.
We request the real party in interest / appellee file a response, if any, to the petition for writ of mandamus, which we construe as a Rule 24.4 motion to review the trial court's order striking relator's net worth affidavit, by September 12, 2017.
/s/ JASON BOATRIGHT
JUSTICE