Opinion
14-23-00753-CV
11-02-2023
IN RE JOSEPH JACKSON; BAYLOR ASSET MANAGEMENT LLC; RL 360 FUNDING LLC; JCLZ LEGACY LLC;DCT ENTITY MANAGEMENT LLC; DVI OPPORTUNITIES UNLIMITED, INC,; AND KILGORE COMMONS, LLC, Relators
ORIGINAL PROCEEDING WRIT OF MANDAMUS 151st District Court Harris County, Texas Trial Court Cause No. 2022-68763
Panel Consists of Justices Wise, Zimmerer, and Poissant.
ORDER
PER CURIAM
On October 13, 2023, relator Joseph Jackson; Baylor Asset Management LLC; RL 360 Funding LLC; JCLZ Legacy LLC; DCT Entity Management LLC; DVI Opportunities Unlimited, Inc,; and Kilgore Commons, LLC, filed a petition for writ of mandamus in this court. Relators ask this court to order the Honorable Mike Engelhart, Judge of the 151st District Court, in Harris County, Texas, to set aside his order dated April 24, 2023, entered in trial court number 2022-68763, styled Houston Secured Development Partners, LLC v. HSDP BAM, LLC, et al.
Relators has also filed a motion for temporary stay of proceedings below. See Tex. R. App. P. 52.8(b), 52.10. On October 26, 2023, relators asked this court to stay proceedings in the trial court pending a decision on the petition for writ of mandamus.
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 the September 20, 2023 order granting plaintiff's motion for contempt for disobedience of injunction and admonishment regarding temporary injunction stayed in trial court cause number 2022-68763, Houston Secured Development Partners, LLC v. HSDP BAM, 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 real party in interest Houston Secured Development Partners, LLC, to file a response to the petition for writ of mandamus on or before November 17, 2023. See Tex. R. App. P. 52.4.