Opinion
01-24-00101-CV
03-21-2024
In the Guardianship of Gavin McGill, an Incapacitated Person
Probate Court No. 4 of Harris County No. 515,128
ORDER
April Farris, Judge
On February 7, 2024, appellant, McGill Financial Ltd. filed a notice of interlocutory appeal from the trial court's February 2, 2024 temporary injunction order. The trial court's temporary injunction order, among other things, enjoins appellant from proceeding with an eviction proceeding it filed in the Justice Court of Harris County, Precinct 5, Place 2, cause number 2352003040103 (the "Eviction Case"). In the Eviction Case, appellant seeks to evict appellee, Kristin McGill, individually and as guardian of Gavin McGill, an incapacitated person, from a residential property located at 119 Stoney Creek Drive, Houston, Texas 77024 (the "Property").
On March 11, 2024, appellant filed an "Unopposed Motion to Stay the Temporary Injunction Order or the April 2, 2024 Continued Temporary Injunction Hearing Pending Resolution of this Appeal." In its motion, appellant requests that this Court "stay . . . the probate court's [temporary injunction order] because it is void and invalid." Appellant requests a stay of the temporary injunction order "so that the Eviction Case can proceed now."
Alternatively, appellant "seeks a stay of the continued hearing on April 2, 2024 . . . which is another temporary injunction hearing." Appellant states that a stay of the April 2, 2024 continued hearing would "prevent an improper and unnecessary second hearing . . . when the [temporary injunction order] was already signed," and would further "allow this Court to decide the merits of [appellant's] interlocutory appeal."
Appellant's motion includes a certificate of conference stating that appellee is "unopposed" to the relief requested in the motion. See Tex. R. App. P. 10.1(a)(5), 10.3(a)(2). Appellant's motion is denied.
It is so ORDERED.