Opinion
Appellate case number: 01-16-00405-CV
10-11-2016
In re Maxine Adams and Cecil Adams, Relators
ORDER Trial court case number: 2014-35653 Trial court: 157th District Court of Harris County
On June 28, 2016, this Court had abated this original proceeding to allow the new respondent, the Honorable Randy Wilson, to reconsider the March 13, 2015 orders denying the relators' motion to dismiss Harris County's interpleader and denying the relators' no-evidence summary judgment motion. On August 29, 2016, the pro se relators, Maxine Adams and Cecil Adams, filed an emergency motion for relief and reinstatement in this Court. Relators seek: (1) reinstatement of their mandamus petition; (2) an order for the trial clerk to file the supplemental clerk's record; (3) an order for the respondent to rule on reconsidering the March 13, 2015 orders; (4) a stay of the trial court's hearings on Harris County's and District Clerk Chris Daniel's motions to compel discovery, set for September 2, 2016, and for summary judgment, set for September 19, 2016; and (5) vacatur of the order granting the court reporter Kathleen Keese's summary judgment.
On September 20, 2016, this Court requested a response to the relators' emergency motion for relief and reinstatement of this mandamus petition by the real parties in interest who had yet to respond, Harris County, Chris Daniel, and Keese, partially because there appeared to be a September 30, 2016 summary judgment for interpleader hearing set in the trial court. On September 23, 2016, Keese filed a response in opposition to relators' motion. On September 26, 2016, Harris County and Chris Daniel filed their response in opposition to relators' motion.
On September 30, 2016, relators filed a supplemental response in support of their motion to reinstate. Relators claim, among other things, that they have recently filed a notice of interlocutory appeal from the trial court's grant of Chris Daniel's plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West Supp. 2016).
Accordingly, with respect to the relators' requests numbered (2)-(4) above, these requests are dismissed as moot because the supplemental clerk's record was filed on August 29, 2016, which includes the respondent's August 8, 2016 orders implicitly denying reconsideration of the March 13, 2015 orders, and because the September 2 and 19, 2016 hearings apparently already occurred. As for relators' requests numbered (1) and (5), these requests are denied. See TEX. R. APP. P. 52.10(a), (b).
It is so ORDERED. Judge's signature: /s/ Evelyn V. Keyes
[×] Acting individually Date: October 11, 2016