Opinion
NO. 14-17-00272-CV
04-11-2017
IN RE STEVEN MCQUAIDE AND TONYA MCQUAIDE, Relators
ORIGINAL PROCEEDING WRIT OF MANDAMUS
55th District Court Harris County, Texas
Trial Court Cause No. 2015-53887
ORDER
On April 10, 2017, relators Steven McQuaide and Tonya McQuaide filed a petition for writ of mandamus in this court. Relators ask this court to order the Honorable Jeff Shadwick, Judge of the 55th District Court, in Harris County, Texas, to vacate the part of his order signed April 3, 2017, which granted Plaintiff's Motion to Strike Defendants' Jury Demand based on a contractual waiver of the right to a jury trial. The real party-in-interest and plaintiff below is Remedy Roofing, Inc. (Plaintiff).
Relator has also filed a motion asking this court to stay the trial scheduled for April 11, 2017 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 because of Plaintiff's failure to authenticate the contractual jury trial waive attached to their Motion to Strike Defendants' Jury Demand, 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 the trial of this matter 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 Remedy Roofing, Inc., the real party-in-interest, to file a response to the petition for writ of mandamus on or before 5:00 p.m., April 11, 2017, addressing authentication of the contract containing the jury waiver provision. See Tex. R. App. P. 52.4.
PER CURIAM Panel consists of Justices Boyce, Christopher, and Brown.