in Re Richard Bianchi, Aransas County Attorney ( 2014 )

NUMBER 13-14-00311-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE RICHARD BIANCHI
On Petition for Writ of Mandamus and
Petition for Writ of Prohibition and
Emergency Motion for Relief.
ORDER
Before Chief Justice Valdez and Justices Perkes and Longoria
Per Curiam Order
Relator, Richard Bianchi, Aransas County Attorney, filed a petition for writ of
mandamus and petition for writ of prohibition and emergency motion for relief in the above
cause on June 4, 2014. The respondent in this original proceeding is the Honorable
William Adams, County Court at Law, Aransas County, Texas.
The Court, having examined and fully considered the emergency motion for relief,
is of the opinion that it should be and is GRANTED as stated herein. We GRANT an
emergency stay of the respondent’s May 29, 2014 order appointing an attorney pro tem
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and an emergency stay of the respondent’s June 3, 2014 order of clarification. By
previous order of this Court issued in appellate cause number 13-14-00303-CV, this Court
stayed the May 28, 2014 order issued by the Honorable David Peeples, sitting by
assignment, granting a quo warranto petition and removing Bianchi from office, and also
stayed Judge Peeple’s May 30, 2014 order, which stated that the May 28, 2014 order of
removal was immediately enforceable and effective.
This order and the Court’s previous order in appellate cause number 13-14-00303-
CV are issued to maintain the status quo and preserve the parties’ rights, thus, Bianchi
remains the acting County Attorney of Aransas County until further order of this Court.
See TEX. R. APP. P. 29.3, 52.10. The respondent in this original proceeding and all agents
under his authority or control are directed to refrain from interfering with or impeding
Bianchi’s duties as an elected public official and the County Attorney of Aransas County.
The Court requests that the State of Texas, or any others whose interest would be
directly affected by the relief sought, file a response to the petition for writ of mandamus
and petition for writ of prohibition 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
Order delivered and filed
this 4th day of June, 2014.
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