in Re Donna O. Jahn ( 2016 )

Motion GRANTED AND Order filed October 17, 2016. In The Fourteenth Court of Appeals ____________ NO. 14-16-00804-CV ____________ IN RE DONNA O. JAHN, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 295th District Court Harris County, Texas Trial Court Cause No. 2010-31372 ORDER On October 10, 2016, relator Donna O. Jahn filed a petition for writ of mandamus asking this court to compel the Honorable Caroline Baker, Judge of the 295th District Court, in Harris County, Texas, to vacate her Order denying relator’s Amended Plea to the Jurisdiction signed on August 5, 2016 in trial court number 2010-31372, styled Comerica Bank v. Sidmar Corporation and Donna O. Jahn. On July 22, 2016, the trial court signed a scheduling order resetting the case for trial on November 7, 2016. Relator’s petition argues that the Order signed by the trial court on November 26, 2013 was a final appealable judgment and the trial court’s plenary jurisdiction therefore expired before it reset the case for trial on November 7, 2016. Relator has also filed an Emergency Motion for Temporary Relief, asking our court to stay the trial set for November 7, 2016 pending a decision on the petition for writ of mandamus. See Tex. R. App. P. 52.8(b), 52.10. It appears from the facts stated in the petition and motion 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 motion and issue the following order: We ORDER the trial set for November 7, 2016 in trial court cause number 2010-31372, Comerica Bank v. Sidmar Corporation and Donna O. Jahn, 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 Comerica Bank, the real party-in-interest, to file a response to the petition for writ of mandamus on or before October 31, 2016. See Tex. R. App. P. 52.4. PER CURIAM Panel consists of Justices Busby, Donovan, and Brown.