Opinion
No. 08-14-00062-CV
02-21-2014
IN RE: ELIAS J. CERVANTES-ESPINOZA, Respondent.
AN ORIGINAL PROCEEDING
IN MANDAMUS
ORDER
Pending before the Court is Relator's motion for an emergency stay of a jury trial set to begin on February 21, 2014. The motion for emergency relief has been filed in connection with a petition for writ of mandamus against the Honorable Mike Herrera, Judge of the 383rd District Court of El Paso County, Texas. Relator asks that we order Respondent to set aside temporary orders.
Respondent entered the temporary orders in question following a hearing which concluded on August 28, 2014. On October 8, 2013, Respondent entered an order setting the case for a jury trial scheduled to begin at 1:30 p.m. on February 21, 2014. Relator filed his petition for writ of mandamus and motion to stay on February 19, 2014. It is well established that the temporary orders will become moot when the trial court enters a final order at the conclusion of the jury trial and the losing party may appeal that final order. See In re K.L.R., 162 S.W.3d 291, 301 (Tex.App.--Tyler 2005, no pet.); Wright v. Wentzel, 749 S.W.2d 228, 234 (Tex.App.--Houston [1st Dist.] 1988, no writ); see also Rafferty v. Finstat, 903 S.W.2d 374, 378 (Tex.App.--Houston [1st Dist] 1995, writ denied) ("In general, temporary orders of a trial court issued during the pendency of a proceeding are superseded by the trial court's final order."). The motion to stay the jury trial is denied. Relator is directed to notify the Court immediately if the case does not proceed to jury trial as scheduled.
IT IS SO ORDERED this 21st day of February, 2014.
PER CURIAM Before McClure, C.J., Rivera and Rodriguez, JJ.