Opinion
NO. 14-18-00539-CV
07-03-2018
IN RE ELIZABETH THOMAS, ALBERT PERRY III, CATRICE HENRY, AND ALVIN R. MULLEN II, Relators
ORIGINAL PROCEEDING WRIT OF MANDAMUS
127th District Court Harris County, Texas
Trial Court Cause No. 2017-82388
ORDER
On July 2, 2018, relators Elizabeth Thomas, Albert Perry III, Catrice Henry, and Alvin R. Mullen II, filed a petition for writ of mandamus in this court. Relators ask this court to order the Honorable R.K. Sandill, Judge of the 127th District Court, in Harris County, Texas, to set aside his "Order on Plaintiff Elizabeth Thomas' Purported 'Notice of Removal'" dated June 18, 2018, entered in trial court number 2017-82388, styled Elizabeth Thomas, et al. v. Michael J. Pizzitola, Jr., et al. Relator claims respondent did not have the authority to enter the order because the case had been removed to federal court.
Relator also filed a motion for temporary stay of proceedings below. See Tex. R. App. P. 52.8(b), 52.10. Relators ask 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 relators' request for relief requires further consideration and that relators will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relators' motion and issue the following order:
We ORDER all proceedings in trial court cause number 2017-82388, Elizabeth Thomas, et al. v. Michael J. Pizzitola, Jr., et al., STAYED until a final decision by this court on relators' petition for writ of mandamus, or until further order of this court.
In addition, the court requests real parties-in-interest, to file a response to the petition for writ of mandamus on or before July 17, 2018. See Tex. R. App. P. 52.4.
PER CURIAM The panel consists of Justices Donovan, Brown, and Jewell.