in Re Carolyn Casterline ( 2013 )

NUMBER 13-13-00708-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE CAROLYN CASTERLINE
On Petition for Writ of Mandamus
and Motion for Emergency Temporary Relief.
ORDER
Before Chief Justice Valdez and Justices Benavides and Longoria
Per Curiam Order
Relator, Carolyn Casterline, filed a petition for writ of mandamus and motion for
emergency temporary relief in the above cause on December 20, 2013. Relator
contends that the trial court abused its discretion by granting a motion to reconsider and
reopen an expedited foreclosure proceeding after it had already denied the application
for expedited foreclosure. See TEX. R. CIV. P. 736.8(c).
The Court, having examined and fully considered the motion for emergency
temporary relief, is of the opinion that said motion should be granted. The motion for
emergency relief is hereby GRANTED, and the trial court’s order of October 18, 2013
and all foreclosure proceedings, including but not limited to the foreclosure sale set for
January 7, 2014, 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 party in interest, OneWest Bank, FSB, or any other persons or
entities whose interest would be directly affected by the relief sought, by and through
counsel, 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. 52.4, 52.8.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
23rd day of December, 2013.
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