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Norton v. Phan

Court of Appeals of Texas, Third District, Austin
Nov 24, 2021
No. 03-21-00603-CV (Tex. App. Nov. 24, 2021)

Opinion

03-21-00603-CV

11-24-2021

Robert Norton, Appellant v. Camtu Phan, Appellee


FROM THE 368TH DISTRICT COURT OF WILLIAMSON COUNTY NO. 20-1075-C368, THE HONORABLE RICK J. KENNON, JUDGE PRESIDING

Before Justices Triana, Kelly, and Smith

ORDER

PER CURIAM

Appellant Robert Norton has filed an emergency motion for temporary relief in this interlocutory appeal. See Tex. R. App. P. 29.3. To preserve the status quo of the appeal while the Court considers the motion for temporary relief, the trial court's November 19, 2021 order granting a temporary injunction is stayed in part, pending further order of this Court. The Court stays the portion of the temporary injunction prohibiting Norton "from entering, occupying, or utilizing Defendant/Counter-Plaintiff Camtu Phan's real property located at 3847 Laurel Ridge Drive Round Rock, TX 78665, and from interfering with Plaintiff's use and enjoyment of same" starting at 4:01 p.m. on Saturday, November 27, 2021, as well as the portion ordering "that the Williamson County Constable shall appear at 3847 Laurel Ridge Drive Round Rock, TX 78665 at 4:00 p.m. on November 27, 2021 to keep the peace while any remaining personal property is removed from the residence and the locks are changed."

The Court orders both parties to file briefing with the Court on or before December 6, 2021, to inform the Court why supersedeas or another order made under Texas Rule of Appellate Procedure 24 would not adequately protect the parties' rights during the pendency of the appeal. See Tex. R. App. P. 29.3 (prohibiting appellate court from suspending trial court's order if supersedeas would adequately protect parties); see also id. R. 29.2 ("The trial court may permit an order granting interlocutory relief to be superseded pending an appeal from the order, in which event the appellant may supersede the order in accordance with Rule 24.").

It is ordered.


Summaries of

Norton v. Phan

Court of Appeals of Texas, Third District, Austin
Nov 24, 2021
No. 03-21-00603-CV (Tex. App. Nov. 24, 2021)
Case details for

Norton v. Phan

Case Details

Full title:Robert Norton, Appellant v. Camtu Phan, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Nov 24, 2021

Citations

No. 03-21-00603-CV (Tex. App. Nov. 24, 2021)