Court of Civil Appeals of Texas, 2018

in Re Cathaleen Montelongo

in Re Cathaleen Montelongo
Court of Civil Appeals of Texas · Decided September 11, 2018

in Re Cathaleen Montelongo

Opinion

Motion Granted and Order filed September 11, 2018

In The Fourteenth Court of Appeals NO. 14-18-00795-CV IN RE CATHALEEN MONTELONGO ORIGINAL PROCEEDING WRIT OF MANDAMUS 257th District Court Harris County, Texas Trial Court Cause No. 2013-48430 ORDER On Monday, September 10, 2018, relator Cathaleen Montelongo filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Judy Warne, presiding judge of the 257th District Court of Harris County, to reinstate the underlying case on the jury trial docket. Relator also requests that we stay the trial scheduled to begin on September 17, 2018.

It appears from the facts stated in the petition that relator’s request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator’s request for a stay and issue the following order: We ORDER the trial in Cause No. 2013-48430 STAYED until a final decision by this court on relator’s petition for writ of mandamus, or until further order of this court.

In addition, the court requests Jorge Valdez, the real party in interest, to file a response to the petition for writ of mandamus on or before September 21, 2018. See Tex. R. App. P. 52.4.

PER CURIAM Panel consists of Justices Christopher, Jamison, and Brown.

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