in Re PlainsCapital Bank ( 2016 )

NUMBER 13-16-00592-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE PLAINSCAPITAL BANK
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Per Curiam Order
Relator PlainsCapital Bank filed a petition for writ of mandamus and motion for
temporary relief in the above cause on October 28, 2016. Through this original
proceeding, relator seeks to direct the trial court to: (1) vacate its September 29, 2016
order and October 21, 2016 amended order granting a notice of sale and request for
partial release of lien; and (2) sign an order granting relator’s motion to dismiss the
underlying lawsuit for lack of subject matter jurisdiction. Through its motion for temporary
relief, relator seeks to stay the September 29, 2016 and October 21, 2016 orders pending
resolution of this original proceeding.
The Court, having examined and fully considered the motion for temporary relief,
is of the opinion that the motion should be granted. The motion for temporary relief is
GRANTED and the trial court’s orders of September 29, 2016 and October 21, 2016 are
ordered STAYED pending further order of this Court, or until the case is finally decided.
See TEX. R. APP. P. 52.10(b) (“Unless vacated or modified, an order granting temporary
relief is effective until the case is finally decided.”).
The Court requests that the real parties in interest, Blanca E. Gonzalez, Jose S.
Rodriguez, and ODP Management, L.L.C., or any others whose interest would be directly
affected by the relief sought, file a response to the petition for writ of mandamus on or
before the expiration of ten days from the date of this order. See id. R. 52.2, 52.4, 52.8.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
31st day of October, 2016.
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