Opinion
NO. 14-20-00741-CV
11-25-2020
IN RE DOUGLAS SMITH CUSTOM HOMES, LLC DOUGLAS EUGENE SMITH AND AKEEYA NEAL, Relators
ORIGINAL PROCEEDING WRIT OF MANDAMUS
269th District Court Harris County, Texas
Trial Court Cause No. 2020-00177
ORDER
On November 2, 2020, relators Douglas Smith Custom Homes, LLC, Douglas Eugene Smith, and Akeeya Neal, filed a petition for writ of mandamus in this court. Relators asks this court to order the Honorable Cory Don Sepolio, Judge of the 269th District Court, in Harris County, Texas, to vacate his order dated October 2, 2020, granting the motion of real party-in-interest Ling Wu Ltd. Co. to lift the abatement and stay of the action.
Relators have also filed a motion for temporary relief, asking our 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 relators' request for relief requires further consideration and that relators will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relators' motion and issue the following order:
We ORDER all proceedings in trial court cause number 2020-00177, Ling Wu Ltd. Co. v. Douglas Smith Custom Homes, LLC et al., STAYED until a final decision by this court on relators' petition for writ of mandamus, or until further order of this court.
In addition, the court requests Ling Wu Ltd. Co., the real party-in-interest, to file a response to the petition for writ of mandamus on or before December 11, 2020. See Tex. R. App. P. 52.4.
PER CURIAM Panel consists of Justices Christopher, Wise and Hassan
(Hassan, J. voted to deny the motion for temporary relief) .