in Re Christopher S. Kappmeyer and Roxana P. Kappmeyer ( 2021 )

NUMBER 13-21-00344-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE KAPPMEYER
On Petition for Writ of Mandamus.
ORDER
Before Justices Benavides, Longoria, and Tijerina
Order Per Curiam
On October 11, 2021, relators Christopher S. Kappmeyer and Roxana P.
Kappmeyer filed a petition for writ of mandamus through which they assert that the trial
court erred by requiring the relators to join and serve all property owners in Units-1-5 of
Key Allegro Estates in the underlying lawsuit. Relators have also filed an opposed motion
to stay the trial court’s September 21, 2021 order, and other trial court proceedings,
pending resolution of this petition for writ of mandamus.
The Court, having examined and fully considered the motion to stay, is of the
opinion that it should be granted. Accordingly, we grant the motion to stay and we order
all trial court proceedings, including the September 21, 2021 order, to be stayed. 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, Key Allegro Canal and Property
Owners’ Association, a Texas nonprofit corporation, 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 (10) days from the date of this order. See id. R. 52.2,
52.4, 52.8.
PER CURIAM
Delivered and filed on the
14th day of October, 2021.
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