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In re Merino

State of Texas in the Fourteenth Court of Appeals
Nov 9, 2017
NO. 14-17-00805-CV (Tex. App. Nov. 9, 2017)

Opinion

NO. 14-17-00805-CV

11-09-2017

IN RE JACK H. MERINO, Relator


ORIGINAL PROCEEDING WRIT OF MANDAMUS
125th District Court Harris County, Texas
Trial Court Cause No. 2016-77418-A

ORDER

On October 12, 2017, relator Jack H. Merino filed a petition for writ of mandamus in this court. Relator asks this court to order the Honorable Kyle Carter, Judge of the 125th District Court, in Harris County, Texas, to set aside his order dated August 11, 2017, in trial court number 2016-77418-A, styled Jack H. Merino v. Ivory Carter Enterprises, Inc. Relator claims the respondent abused his discretion by granting real party in interest Ivory Carter Enterprises, Inc.'s motion for new trial because the trial court's plenary power had expired.

Relator also filed a motion for temporary stay of proceedings below. See Tex. R. App. P. 52.8(b), 52.10. On November 9, 2017, relator 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 relator's request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator's motion for temporary stay and issue the following order:

We ORDER all proceedings in trial court cause number 2016-77418-A, Jack H. Merino v. Ivory Carter Enterprises, Inc., STAYED until a final decision by this court on relator's petition for writ of mandamus, or until further order of this court.

PER CURIAM Panel consists of Chief Justice Frost and Justices Boyce and Jewell.


Summaries of

In re Merino

State of Texas in the Fourteenth Court of Appeals
Nov 9, 2017
NO. 14-17-00805-CV (Tex. App. Nov. 9, 2017)
Case details for

In re Merino

Case Details

Full title:IN RE JACK H. MERINO, Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Nov 9, 2017

Citations

NO. 14-17-00805-CV (Tex. App. Nov. 9, 2017)