Court of Civil Appeals of Texas, 2022

in Re Siluria (Assignment for the Benefit of Creditors), LLC

in Re Siluria (Assignment for the Benefit of Creditors), LLC
Court of Civil Appeals of Texas · Decided August 31, 2022

in Re Siluria (Assignment for the Benefit of Creditors), LLC

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-22-00280-CV __________________

IN RE SILURIA (ASSIGNMENT FOR THE BENEFIT OF CREDITORS), LLC __________________________________________________________________ Original Proceeding 284th District Court of Montgomery County, Texas Trial Cause No. 21-03-03166-CV __________________________________________________________________ ORDER In Re Siluria (assignment for the benefit of creditors), LLC, Relator, filed a petition for a writ of mandamus and a motion for temporary relief. See Tex. R. App. P. 52. Relator is a defendant in an interpleader action filed in Trial Cause Number 21-03-03166-CV, styled Stibbs & Co., PC v. Lummus Technology LLC and Siluria (Assignment for the Benefit of Creditors), LLC. Relator seeks a writ compelling the Honorable Kristin Bays, Judge of the 284th District Court of Montgomery County, Texas, to vacate an order denying a motion to quash a jury demand and grant the motion to quash. See Tex. Gov’t Code Ann. § 22.221.

Relator requests that the jury trial in the trial court be stayed while this Court considers the mandamus petition. The Court finds temporary relief is necessary to prevent undue prejudice. It is ORDERED that all the jury trial in Trial Cause Number 21-03-03166 is STAYED until our opinion issues or until further order of this Court.

See Tex. R. App. P. 52.10(b). No bond is required of Relator as a condition to any relief herein granted.

The response of the Real Party in Interest, Lummus Technology LLC, is due September 12, 2022.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED August 31, 2022.

PER CURIAM Before Kreger, Horton and Johnson, JJ.

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