Wesley Eugene Perkins v. Chase Manhattan Mortgage Corporation ( 2004 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-04-00741-CV

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Wesley Perkins, Appellant

v.

Chase Manhattan Mortgage Corporation, Appellee

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FROM THE DISTRICT COURT OF TRAVIS COUNTY, 261ST JUDICIAL DISTRICT

NO. GN401164, HONORABLE CHARLES F. CAMPBELL JR., JUDGE PRESIDING

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O R D E R

PER CURIAM

Wesley Perkins, appellant and defendant below, moves this Court to stay the substitute trustee's sale of his home.

This request to stay and supersede the judgment arises out of a suit brought by appellee Chase Manhattan Mortgage Corporation. The trial court signed an order granting appellee's motion for summary judgment on November 3, 2004, Perkins's notice of appeal was filed on November 24, and the property is scheduled to be sold on Tuesday, December 7, 2004.

An injunction is appropriate to protect our jurisdiction because it appears that an appeal over which this Court has jurisdiction has been perfected and that the subject matter of the appeal needs to be preserved. Tex. Gov't Code Ann. § 22.221(a) (West 2004); see Dallas Morning News v. Fifth Court of Appeals, 842 S.W.2d 655, 658 (Tex. 1992); Lamar Builders, Inc. v. Guardian Sav. & Loan Ass'n, 786 S.W.2d 789, 790 (Tex. App.--Houston [1st Dist.] 1990, no writ). Accordingly, we grant Perkins's request for an injunction to protect this Court's jurisdiction by enjoining any foreclosure sale until this Court has rendered judgment on the merits of Perkins's appeal.

This request was received by this Court on December 3, 2004. We will allow until December 16, 2004 for any involved party to tender a response arguing that this injunction is inappropriate and should be dissolved. Nothing in this order should be construed as an expression of this Court's opinion on the merits of the underlying appeal.

It is ordered December 3, 2004.

Before Chief Justice Law, Justices Kidd and Puryear