In Re Ramel Blue v. the State of Texas ( 2023 )

Petition for Writ of Mandamus Denied, Sanctions Denied, Stay Lifted and
Majority and Dissenting Memorandum Opinions filed June 8, 2023.
In The
Fourteenth Court of Appeals
NO. 14-23-00302-CV
IN RE RAMEL BLUE, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
387th District Court
Fort Bend County, Texas
Trial Court Cause No. 22-DCV-298913
MAJORITY MEMORANDUM OPINION
On April 28, 2023, relator Ramel Blue filed a petition for writ of mandamus
and an emergency motion for temporary relief in this Court. See Tex. Gov’t Code
Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court
to compel the Honorable Janet B. Heppard, presiding judge of the 387th District
Court of Fort Bend County, to vacate the portions of the trial court’s April 21,
2023 temporary order that: (1) award real party in interest, Candace Marie Blue,
exclusive use of the marital residence, and (2) award interim attorney fees to the
attorney for real party in interest.
Real party in interest opposes the petition for writ of mandamus and relator’s
motion for temporary relief. Additionally, real party in interest requests sanctions
pursuant to Rule 52.11 of the Texas Rules of Appellate Procedure, arguing that
relator’s petition for mandamus relief is groundless and brought solely for the
purpose of delay and to raise the cost of the real party in interest’s attorney’s fees.
Relator has not established that he is entitled to mandamus relief.
Accordingly, we deny relator’s petition for writ of mandamus. We also lift our
May 1, 2023 stay order. We deny real party in interest’s request for sanctions.
/s/ Kevin Jewell
Justice
Panel consists of Chief Justice Christopher and Justices Jewell and Spain (Spain,
J., dissenting).
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