DocketNumber: 01-16-00206-CV
Filed Date: 3/10/2016
Status: Precedential
Modified Date: 4/17/2021
COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: In re Caroline Chikere Appellate case number: 01-16-00206-CV Trial court case number: 14-DCV-214132 Trial court: 387th District Court of Fort Bend County On March 9, 2016, the relator, Caroline Chikere, filed a petition for a writ of mandamus seeking to vacate the respondent trial judge’s January 19, 2016 order granting motion for new trial, and to reinstate the default final decree of divorce, signed on May 5, 2015. On March 9, 2016, the relator also filed an emergency motion seeking a stay of the trial scheduled for April 25, 2016, pending resolution of her petition. Although no response has been filed yet, relator states that counsel for the real party in interest has been contacted and is aware of this motion. See TEX. R. APP. P. 52.10(a). Accordingly, the Court grants the relator’s motion and ORDERS that the April 25, 2016 trial date in the above-referenced trial court cause number is stayed. See TEX. R. APP. P. 52.10(b). This stay is effective until the mandamus petition in this Court is finally decided or this Court otherwise orders the stay lifted. Seeid. Any party
may file a motion for reconsideration of the stay. Seeid. 52.10(c). Although
relator’s petition notes that hearings were held on July 27, 2015, and on January 19, 2016, the petition neither attached the transcripts nor states that no relevant testimony was adduced at those hearings. See TEX. R. APP. P. 52.3(j), (k)(1)(A), 52.7(a)(2). Accordingly, the Court ORDERS the relator, within 10 days of the date of this order, to file a statement that no relevant testimony or judicial reasoning was adduced in connection with the matter complained of or provide evidence of requesting and paying for the reporter’s records for the relevant hearings. Seeid. 52.7(a)(2), (b).
Finally, the Court requests a response to the mandamus petition by the real party in interest, Oakley Chikere. See TEX. R. APP. P. 52.8(b)(1). The response, if any, shall be filed within 30 days from the date of this order. See TEX. R. APP. P. 2, 52.4. It is so ORDERED. Judge’s signature: /s/ Laura Carter Higley Acting individually Date: March 10, 2016