in Re Jarod Johnson ( 2018 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-18-00064-CV
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IN RE JAROD JOHNSON
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Original Proceeding
136th District Court of Jefferson County, Texas
Trial Cause No. D-199,594
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ORDER
Jarod Johnson filed a petition for writ of mandamus. The relator is a defendant
in Cause No. D-199,594, Holly D. Johnson v. Refractory Construction Services Co.,
LLC, et al. Relator seeks a writ compelling the Judge of the 136th District Court of
Jefferson County, Texas, to vacate orders signed on January 16, 2018, and January
24, 2018, which severed the plaintiff’s claims against the several defendants and
transferred the plaintiff’s claims against three of the defendants to two counties but
retained the plaintiff’s claims against Relator in Jefferson County. We note our
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jurisdiction over this matter and the parties. See Tex. Gov’t Code Ann. § 22.221
(West Supp. 2017).
As temporary relief, Relator requests a stay of the trial court’s orders severing
the cause and transferring the severed causes to different counties. See Tex. R. App.
P. 52.10(a). The Court finds temporary relief is necessary to prevent undue
prejudice. It is ORDERED that the trial court’s orders of severance and transfer
signed in Cause No. D-199,594, and severing the cause into Cause No. D-199,594,
D-199,594-A, and D-199,594-B, are 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 the
relator as a condition to any relief herein granted.
The responses of the real parties in interest, Holly D. Johnson, Refractory
Construction Services Co., Inc., BesTest, Inc., and Joshua Alan Jordan, are due
February 26, 2018.
MOTION FOR TEMPORARY RELIEF GRANTED.
ORDER ENTERED February 15, 2018.
PER CURIAM
Before McKeithen, C.J., Horton and Johnson, JJ.
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