in Re Solid Software Solutions, Inc., D/B/A Edible Software ( 2015 )

ACCEPTED
01-15-00267-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/24/2015 6:05:16 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00267-CV
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOR THE 1st JUDICIAL DISTRICT OF TEXAS
3/24/2015 6:05:16 PM
AT HOUSTON CHRISTOPHER A. PRINE
Clerk
IN RE SOLID SOFTWARE SOLUTIONS, INC., d/b/a EDIBLE SOFTWARE
Original Proceeding from the 215th Judicial District
Of Harris County, Texas
Trial Court Cause No. 2013-74668
RELATOR SOLID SOFTWARE SOLUTIONS INC. d/b/a EDIBLE
SOFTWARE’S EMERGENCY MOTION FOR TEMPORARY STAY
Gregg M. Rosenberg
Texas State Bar No. 17268750
Tracey D. Lewis
Texas State Bar No. 24090230
ROSENBERG SPROVACH
3518 Travis, Suite 200
Houston, Texas 77002
Telephone (713) 960-8300
Facsimile (713) 621-6670
gregg@rosenberglaw.com
Attorneys for Relators
RELATORS’ EMERGENCY MOTION FOR TEMPORARY STAY
TO THE COURT OF APPEALS:
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Relator Solid Software Solutions, Inc., d/b/a Edible Software (hereinafter
referred to as “Relator”) files this Emergency Motion for Temporary Stay in
conjunction with its previously filed Petition for Writ of Mandamus.
MOTION FOR TEMPORARY RELIEF
Pursuant to TEX. R. APP. P. 52.10, Relators file this Motion to respectfully
request that the Court of Appeals stay the underlying trial proceedings, including
all discovery, in the above captioned case pending action by the Court of Appeals
on Relators Petition for Writ of Mandamus.
ARGUMENT
On March 24, 2015, Relator filed its Petition for Writ of Mandamus
requesting that this Court vacate Respondent’s February 27,2015 Order on denying
Relator’s Motion to Dismiss. The Order is attached as Exhibit ‘A.’ Relators file
this Emergency Motion for Temporary Stay pursuant to Texas Rule of Appellate
Procedure, 52.10, requesting this Court stay all proceedings in the trial court,
pending a resolution of the mandamus petition. The purpose of the stay is to
“prevent the parties and the respondent trial court from taking action until they
receive further orders from the appellate court.” In re Bates, 429 S.W.3d 47, 53
(Tex. App. – Houston [1st Dist.] 2014, orig. proceeding).
The trial of the underlying suit is set for the two week docket beginning
March 23, 2015. Because of the ramifications of moving forward in the trial, when
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there is a genuine question as to whether or not the trial court has jurisdiction over
the claims brought against Relator, Relator respectfully request the issuance of a
Temporary Stay until this mandamus proceeding can be heard and considered by
this Court. A trial will require that Relator incur expenses independent from those
that would be incurred against the individual defendant in the underlying case.
Therefore, Relator requests that this Court stay all proceedings in the underlying
case until such time as this Court grants or denies Relator’s Petition for Writ of
Mandamus.
PRAYER
For the reasons set forth herein, Relator respectfully requests this Court
temporarily stay the proceedings in the underlying case until such time as the Court
grants or denies the mandamus relief sought therein.
Respectfully submitted,
/s/ Gregg M. Rosenberg________
Gregg M. Rosenberg
Texas State Bar No. 17268750
ROSENBERG & SPROVACH
3518 Travis Suite 200
Houston, Texas 77002
(713) 960-8300
(713) 621-6670 (Facsimile)
Attorney-in-Charge for Defendant
OF COUNSEL:
ROSENBERG & SPROVACH ATTORNEYS FOR RELATORS
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CERTIFICATE OF COMPLIANCE WITH TEX. R. APP. P. 52.10(A)
Counsel for Relators hereby certifies that he has notified all parties by expedited
means that a motion for temporary relief has been filed, in compliance with TEX.
R. APP. P. 52.10(a).
/s/ Gregg M. Rosenberg
Gregg M. Rosenberg
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this 24th day of March, 2015, a true
and correct copy of the foregoing document has been served as follows on all other
parties in compliance with Tex. R. App. P. 9.5(b):
Respondent:
Judge Elaine H. Palmer
Harris County Civil Courthouse
201 Caroline, 13th Floor
Houston, Texas 77002
Via Hand Delivery
Counsel for Real Parties in Interest:
Mr. Jeffrey N. Todd
312 S. Friendswood Drive
Friendswood, Texas 77546
(281) 992-8633 (Tel)
(281) 648-8633
Via Hand Delivery and E-mail
/s/ Gregg M. Rosenberg
Gregg M. Rosenberg
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