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In re City of Houston

State of Texas in the Fourteenth Court of Appeals
Nov 12, 2020
NO. 14-20-00768-CV (Tex. App. Nov. 12, 2020)

Opinion

NO. 14-20-00768-CV

11-12-2020

IN RE CITY OF HOUSTON, Relator


ORIGINAL PROCEEDING WRIT OF MANDAMUS
Probate Court No 1 Harris County, Texas
Trial Court Cause No. 474728-401

ORDER

On November 10, 2020, relator City of Houston filed a petition for writ of mandamus in this court. Relator asks this court to order the Honorable Jerry W. Simoneaux, Jr., Judge of the Probate Court No 1, in Harris County, Texas, to vacate his order, dated November 10, 2020, on relator's Notice of Stay (concluding that the proceeding is not stayed and ordering proceedings to move forward).

Relator has also filed a motion for temporary relief, asking this court to stay proceedings in the trial court pending a decision on the petition for writ of mandamus. See Tex. R. App. P. 52.8(b), 52.10.

It appears from the facts stated in the petition and motion that relator's request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator's motion and issue the following order:

We ORDER all proceedings in trial court STAYED until a final decision by this court on relator's petition for writ of mandamus, or until further order of this court.

In addition, the court requests John Nicholas, Temporary Administrator of the Estate of Rhogena Nicholas, and Jo Ann Nicholas, the real parties-in-interest, to file a response to the petition for writ of mandamus on or before November 19, 2020. See Tex. R. App. P. 52.4.

PER CURIAM Panel consists of Justices Wise, Jewell, and Poissant (Poissant, J., would deny the petition for writ of mandamus and the motion for temporary relief).


Summaries of

In re City of Houston

State of Texas in the Fourteenth Court of Appeals
Nov 12, 2020
NO. 14-20-00768-CV (Tex. App. Nov. 12, 2020)
Case details for

In re City of Houston

Case Details

Full title:IN RE CITY OF HOUSTON, Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Nov 12, 2020

Citations

NO. 14-20-00768-CV (Tex. App. Nov. 12, 2020)