Opinion
No. 04-20-00354-CV
07-22-2020
IN RE Rogelio DE HOYOS, Dianaly De Hoyos, San Juanita Garcia, RDH Cattle Co., RDH Site & Concrete and all others occupying
This proceeding arises out of Cause No. 20-01217-cv, styled Jose Luis Cruz, et al. v. Rogelio de Hoyos, et al., pending in the County Court at Law, Brooks County, Texas, the Honorable Eric Ramos presiding.
Sitting: Luz Elena Chapa, Justice Irene Rios, Justice Liza A. Rodriguez, Justice
On July 15, 2020, relators filed a petition for writ of mandamus complaining of the district clerk's refusal to accept and file their motion for supersedeas bond, motion for new trial, and a notice of appeal to this court. The district clerk has since filed relators' documents and relators' appeal is pending in appellate cause number 04-20-00361-CV.
Accordingly, the clerk of this court is directed to transfer the record in this original proceeding to appellate cause number 04-20-00361-CV. Relators' "Supplemental Facts and Requests for Relief to Petition for Writ of Mandamus" filed on July 15, 2020 will be treated as a motion, in appellate cause number 04-20-00361-CV, as requesting: (1) that the appellate deadlines in trial cause number 20-01217-CV in the Brooks County Court be tolled, (2) any issuance of a writ of possession by the Brooks County court or the Brooks County Justice Court Precinct 2 be stayed, and (3) that Brooks County Court Judge Eric Ramos immediately set the amount of the supersedeas bond so that relators may have the opportunity to post a supersedeas bond.
The clerk of this court is also directed to administratively close this original proceeding.
It is so ORDERED on July 22, 2020.
/s/_________
MICHAEL A. CRUZ, Clerk of Court