Court of Civil Appeals of Texas, 2011

in Re West Airport Homeowners Association, Inc.

in Re West Airport Homeowners Association, Inc.
Court of Civil Appeals of Texas · Decided July 21, 2011

in Re West Airport Homeowners Association, Inc.

Opinion

Opinion issued July 21, 2011

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00305-CV

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In re WEST AIRPORT HOMEOWNERS ASSOCIATION, INC., Relator

 

 

Original Proceeding on Petition for Writ of Injunction

 

 

 

MEMORANDUM OPINION

          Relator, West Airport Homeowners Association, Inc., has filed a petition for writ of injunction in this Court.[1]  See Tex. R. App. P. 52.1.  Relator requests this Court to direct the trial court “to stay its garnishment and enforcement proceedings.”[2] 

          We deny relators’ petition for writ of injunction absent any showing of an effort to supersede the county court judgment.  Accordingly, the stay of the trial court’s garnishment proceedings is lifted.  See Tex. R. App. P. 52.10(b) (providing that “[u]nless vacated or modified, an order granting temporary relief is effective until the case is finally decided”).

PER CURIAM

Panel consists of Justices Keyes, Higley, and Bland.



[1]           In the body and prayer of its petition, relator alternatively requests a writ of injunction or a writ of prohibition.  However, relator entitles its petition “Relator’s Petition for Writ of Injunction” and does not make distinct arguments to support each type of relief requested.  In addition, relator has paid only one filing fee.  Thus, we consider this original proceeding to be a petition for writ of injunction. 

[2]           The respondent is The Honorable Linda Storey, Presiding Judge of County Civil Court at Law No. 3 of Harris County.  The underlying suit is William Castellon v. West Airport Homeowners Association, Inc., No. 982383 (County Civil Court at Law No. 3, Harris County, Tex.).

 

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