Opinion
NO. 09-17-00416-CV
10-31-2017
IN RE STEPHEN MORRIS
Original Proceeding
410th District Court of Montgomery County, Texas
Trial Cause No. 14-05-05365-CV
ORDER
Relator Stephen Morris filed a petition for writ of mandamus regarding an order entered by the trial court that requires Morris, who states that he is not a party to the underlying lawsuit, to produce documents to the real party in interest. Relator seeks a writ of mandamus compelling the Honorable Jennifer James Robin to vacate her order of October 4, 2017, which requires Morris to "make a diligent search and produce all documents responsive to Plaintiff's subpoena" by November 6, 2017. Relator alleges that the trial court lacked jurisdiction to enter the order, and that the trial court required Morris to travel an excessive distance to comply. Concurrently with the filing of the petition for writ of mandamus, Morris filed a motion for temporary relief, in which he asserts that unless this Court stays the trial court's order of October 4, 2017, this Court will have insufficient time to address the merits of his petition for writ of mandamus, and he will be forced to comply with the terms of an order he asserts is void. We note our jurisdiction over this matter and the parties. See Tex. Gov't Code Ann. § 22.221 (West 2004).
The Court finds that temporary relief is necessary to prevent undue prejudice. It is ORDERED that the trial court's order of October 4, 2017, is STAYED until further orders or opinions of this Court. See Tex. R. App. P. 52.10(b). No bond is required of the relator as a condition to any relief herein granted. The response of the real party in interest is due November 13, 2017.
MOTION FOR TEMPORARY RELIEF GRANTED.
ORDER ENTERED October 31, 2017.
PER CURIAM Before McKeithen, C.J., Kreger and Johnson, JJ.