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In re Carter

Court of Appeals Fifth District of Texas at Dallas
Jun 16, 2020
No. 05-20-00279-CV (Tex. App. Jun. 16, 2020)

Opinion

No. 05-20-00279-CV

06-16-2020

IN RE CHRIS CARTER AND KAREN PIERONI, Relators


Original Proceeding from the 14th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-19-07054

ORDER

Before Justices Myers, Molberg, and Evans

Before the Court is relators' June 15, 2020 Motion for Emergency Hearing. In the motion, relators seek an emergency hearing on their pending petition for injunction and request this Court to issue an injunction prohibiting the City of Dallas from removing the Confederate Monument from Pioneer Park Cemetery. Relators contend that because an injunction protecting our jurisdiction over the Monument, issued by this Court in cause number 05-19-00774-CV, has been dissolved, this Court should issue a new injunction prohibiting removal of the Monument to preserve this Court's jurisdiction over the same subject matter, the Monument, which is at issue in another pending appeal, cause number 05-20-00190-CV.

Because this Court's June 12, 2020 order in cause number 05-19-00774-CV only dissolved the injunction in that case to the extent that the City may remove the Monument for archival storage pending resolution of the appeal in cause number 05-19-00456-CV, the injunction remains in effect to preclude the City from altering or destroying the Monument. Accordingly, we DENY relators' request for an emergency hearing on this petition for a writ of injunction and DEFER ruling on the petition for injunction until such time as the appeal in 05-19-00456-CV is resolved and the injunction in place in 05-19-00774-CV is dissolved.

/s/ LANA MYERS

JUSTICE


Summaries of

In re Carter

Court of Appeals Fifth District of Texas at Dallas
Jun 16, 2020
No. 05-20-00279-CV (Tex. App. Jun. 16, 2020)
Case details for

In re Carter

Case Details

Full title:IN RE CHRIS CARTER AND KAREN PIERONI, Relators

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jun 16, 2020

Citations

No. 05-20-00279-CV (Tex. App. Jun. 16, 2020)