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).