Opinion
11-24-00109-CV
05-08-2024
IN RE PHILLIP SANDERS
Original Mandamus Proceeding
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM
Relator, Phillip Sanders, has filed in this court a motion to stay in conjunction with an original mandamus proceeding. In the proceedings below, Respondent, the presiding judge of the 441st District Court of Midland County, denied Relator's "Motion to Withdraw Deemed Admissions." Sanders has filed a petition for writ of mandamus seeking relief from the trial court's order and has contemporaneously filed a motion to stay the underlying proceedings.
In the motion, Sanders asserts that a stay of the proceedings "is necessary to preserve both this Court's jurisdiction and the rights of the parties during the time the Court considers the case." In this regard, Sanders asserts that Real Party in Interest, Karen Bryant, individually and as temporary administrator of the Estate of
Charles Sanders, has filed a traditional motion for summary judgment that seeks to "use the deemed admissions to foreclose [Sanders's] defenses and receive a court order finding [Sanders] liable under Bryant's various causes of action." Relator further contends that Bryant will be filing a motion for sanctions and attaches e-mail correspondence from Bryant's attorney in support. The e-mail states that the attorney will be seeking a "second motion for contempt" and request a default judgment in favor of Bryant, which he contends would render this proceeding moot. Finally, Sanders contends that "allowing the trial to proceed [on June 10] will prevent [Sanders] from presenting a defense."
Sanders has provided a certificate of compliance with the motion that certifies that he has made a diligent effort to notify all parties by expedited means that the motion for temporary relief would be filed. See Tex. R. App. P. 52.10(a). In his certificate of conference, Sanders states that Bryant is opposed to the relief sought in his motion.
Pursuant to Rule 52.10(b) of the Texas Rules of Appellate Procedure, we grant Sanders's motion to stay and hereby order that all actions and proceedings in the cause below, trial court cause no. CV59957, be temporarily stayed pending further order of this court or final disposition of this mandamus proceeding. Tex.R.App.P. 52.10(b).
IT IS SO ORDERED.