in Re Thomas Avalos Jr.

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-22-00428-CV
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IN RE THOMAS AVALOS JR.
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Original Proceeding
253rd District Court of Liberty County, Texas
Trial Cause No. 22DC-CV-01607
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ORDER
Thomas Avalos Jr., Relator, filed a petition for a writ of mandamus and a
motion for temporary relief. See Tex. R. App. P. 52. Relator is a defendant in Trial
Cause Number 22DC-CV-01607, Fortis Construction, LLC v. Thomas Avalos Jr.
Relator seeks a writ compelling the Honorable Chap B. Cain, Judge of the 253rd
District Court of Liberty County, Texas, to dissolve a temporary restraining order.
See Tex. Gov’t Code Ann. § 22.221.
Relator requests that the temporary restraining order and all further
proceedings in the trial court be stayed while this Court considers the mandamus
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petition. The Court finds partial temporary relief is necessary to prevent undue
prejudice. It is ORDERED that the trial court’s December 9, 2022 temporary
restraining order in Trial Cause Number 22DC-CV-01607 is STAYED to the extent
that it orders Thomas Avalos Jr. to return all construction equipment on his property
within 3 days. This Order shall remain in effect until our opinion issues or until
further order of this Court. See Tex. R. App. P. 52.10(b). No bond is required of
Relator as a condition to any relief herein granted.
The response of the Real Party in Interest, Fortis Construction, LLC, is due
January 3, 2023.
MOTION FOR TEMPORARY RELIEF GRANTED IN PART.
ORDER ENTERED December 21, 2022.
PER CURIAM
Before Golemon, C.J., Kreger and Horton, JJ.
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