Opinion
14-24-00466-CV
06-27-2024
IN RE THE WU FAMILY TRUST, SSS VILLAGE AT SOUTHWEST, LLC,WU PROPERTIES, INC., STEVE WU, SSS FONDERN MARKETPLACE, LLC, CLOTO, LLC, SJY-FORTUNEP, LLC, FONDERN VILLAGEPLAZA, LLC, AND HLPW FONDERN, LLC, Relators
ORIGINAL PROCEEDING WRIT OF MANDAMUS 133rd District Court Harris County, Texas Trial Court Cause No. 2022-60346
Panel consists of Justices Jewell, Zimmerer, and Hassan.
ORDER
PER CURIAM
On June 26, 2024, relators The Wu Family Trust, SSS Village at Southwest, LLC, Wu Properties, Inc., Steve Wu, SSS Fondern Marketplace, LLC, Cloto, LLC, SJY-Fortunep, LLC, Fondern Village Plaza, LLC, and HLPW Fondern, LLC filed a petition for writ of mandamus and a motion for emergency stay in this Court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relators ask this Court to compel the Honorable Jaclanel McFarland, presiding judge of the 133rd District Court of Harris County, to rule on relators' Rule 91a Motion to Dismiss filed on March 25, 2024.
In their motion for emergency temporary relief, relators' request this Court stay discovery, pending the resolution of this 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 preliminarily GRANT relators' motion and issue the following order:
We ORDER the discovery in cause number, 2022-60346, Ashley Warner on behalf of the Estate of Ezenna Magnus Ukachukwu, Deceased; Ashley Warner, as next friend of E.M.U., a minor and heir to the Estate of Ezenna Magnus Ukachukwu, Deceased; Bianca Davis, as next friend of Z.D.U., a minor and heir to the Estate of Ezenna Magnus Ukachukwu, Deceased; Thaddeus Ukachukwu; and Caroline Ukachukwu v. City Gear, LLC d/b/a City Gear #76; Hibbett Retail, Inc.; SSS Village at Southwest, LLC; and Wu Properties, Inc. d/b/a Houston's Property Maintenance, STAYED pending receipt of real parties' response to relators' motion for emergency relief and until a final decision by this court on relators' petition for writ of mandamus, or until further order of this Court.
Additionally, the Court requests that the real parties in interest file a response to relators' petition for writ of mandamus by July 11, 2024.