Opinion
No. 04-20-00363-CV
07-22-2020
IN RE PERMIAN HIGHWAY PIPELINE, LLC
Original Mandamus Proceeding Sitting: Rebeca C. Martinez, Justice Luz Elena Chapa, Justice Beth Watkins, Justice
This proceeding arises out of Cause No. 15945, styled Permian Highway Pipeline LLC v. Henry J. Limited Partnership and Central Texas Electric Cooperative, Inc., pending in the 216th Judicial District Court, Gillespie County, Texas. The Honorable Albert D. Pattillo, III signed the order at issue in this original proceeding.
On July 20, 2020, relator filed a petition for writ of mandamus and an emergency motion for temporary relief pending final resolution of the petition for writ of mandamus. This court believes a serious question concerning the mandamus relief sought requires further consideration. See TEX. R. APP. P. 52.8(b). The respondent and the real party in interest may file a response to the petition in this court no later than August 6, 2020. Any such response must conform to Texas Rule of Appellate Procedure 52.4.
Relator's request for temporary relief is GRANTED. The trial court's July 14, 2020 "Order Regarding Motion for Reconsideration of Order Limiting Defendant's Withdrawal of Funds From Court Registry" is STAYED and the trial court is ORDERED to order the defendant in the underlying proceeding to return $8 million to the registry of the court no later than July 27, 2020 pending final resolution of the petition for writ of mandamus. See In re Victory Energy Corp., 431 S.W.3d 728, 731 (Tex. App.—El Paso 2014, orig. proceeding) ("Because the trial court retained equitable powers over the funds disbursed from the court registry, the trial court did not lack subject matter jurisdiction to consider and rule on Relators' motion to return the funds after the funds were disbursed from the court's registry.").
It is so ORDERED on July 22, 2020.
PER CURIAM
ATTESTED TO: /s/_________
Michael A. Cruz, Clerk of Court