in Re Solidwood Forest Express, LLC, D/B/A Tomball Forest Express

Motion Granted and Order filed March 17, 2021
In The
Fourteenth Court of Appeals
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NO. 14-21-00144-CV
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IN RE SOLIDWOOD FOREST EXPRESS, LLC, D/B/A TOMBALL
FOREST EXPRESS, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
157th District Court
Harris County, Texas
Trial Court Cause Nos. 2019-03774 and 2019-03774-A
ORDER
On March 16, 2021, relator, Solidwood Forest Express, LLC, d/b/a Tomball
Forest Express (“Tomball”), filed a petition for writ of mandamus. See Tex. Gov't
Code Ann. § 22.221. Tomball asks this Court to order the Honorable Tonya
Garrison, Judge of the 157th District Court, Harris County, Texas, to set aside (1) her
order dated August 4, 2020 in trial court cause number 2019-04774, Schnell v.
Mendez et al. (“the Order”); and (2) her judgment dated October 16, 2020 in trial
court number 2019-04774A, Schnell v. Solidwood Forest Express, LLC, d/b/a
Tomball Forest Express (“the Judgment”). Tomball claims the Order and Judgment
are void.
Contemporaneously with its petition for writ of mandamus, Tomball filed an
emergency motion for temporary relief. See Tex. R. App. P. 52.10. Tomball’s
motion asks that this court stay: (1) the Judgment; and (2) “any and all efforts to
execute or collect as to” the Judgment. Tomball certified that the real party in
interest, Steven Patrick Schnell (“Schnell”), is unopposed to the motion.
It appears from the facts stated in the petition that Tomball’s request for relief
requires further consideration and that Tomball will be prejudiced unless immediate
temporary relief is granted. See Tex. R. App. p. 52.8(b), 52.10. We therefore order
as follows:
1. Tomball’s emergency motion is granted.
2. The Judgment is stayed, and no efforts shall be made to execute or collect
the Judgment.
3. This order is effective until final decision by this court of Tomball’s
petition for writ of mandamus, or until further order of this court. See Tex.
R. App. P. 52.10(b).
The court requests a response from Schnell to Tomball’s petition for writ of
mandamus. The response is due on or before Monday, March 29, 2021.
PER CURIAM
Panel consists of Justices Wise, Zimmerer, and Poissant.
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