Case Information
*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 1/20/2015 3:14:04 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 14-15-00003-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 1/20/2015 3:14:04 PM CHRISTOPHER PRINE CLERK No. 14-15-00003-CV IN THE COURT OF APPEALS OF TEXAS FOURTEENTH DISTRICT HOUSTON IN RE: FH PARTNERS, LLC, Relator Petition for Writ of Mandamus from the 113 th District Court Trial Court Cause No. 2008-60397 the Honorable Michael Landrum presiding __________________________________________________________________ GUS H. COMISKEY III’s RESPONSE TO RELATOR’S MOTION TO STAY
PROCEEDINGS IN TRIAL COURT __________________________________________________________________ Texas State Bar No. 00794270 Direct Dial: 713.222.1114 jmcfarland@jmmllp.com J OYCE , M C F ARLAND + M C F ARLAND LLP 712 Main Street, Suite 1500 Facsimile: 713.513.5577 ATTORNEYS FOR REAL PARTY IN INTEREST GUS H. COMISKEY III A/K/A TREY COMISKEY *2
RESPONSE TO RELATOR’S MOTION TO STAY PROCEEDINGS IN TRIAL COURT Real Party in Interest Gus H. Comiskey III aka Trey Comiskey
requests that the Court deny the motion for stay filed by Relator FH
Partners, LLC. Rule 52.10 of the Texas Rules of Appellate Procedure
controls:
(a) Motion for Temporary Relief; Certificate of Compliance. The
relator may file a motion to stay any underlying proceedings or
for any other temporary relief pending the court's action on the
petition. The relator must notify or make a diligent effort to
notify all parties by expedited means (such as by telephone or
fax) that a motion for temporary relief has been or will be filed
and must certify to the court that the relator has complied with
this paragraph before temporary relief will be granted.
(b) Grant of Temporary Relief. The court--on motion of any
party or on its own initiative--may without notice grant any just
relief pending the court's action on the petition. As a condition
of granting temporary relief, the court may require a bond to
protect the parties who will be affected by the relief. Unless
vacated or modified, an order granting temporary relief is
effective until the case is finally decided.
These sorts of motions are routinely granted. But FH’s petition for
mandamus addresses an order the trial court entered on September 29,
2014. FH waited over three months to challenge the order. Further, the trial
court set trial for March 30, 2015. A stay would necessarily delay trial of this
almost seven year-old case. The Court should not permit FH to delay trial
by delaying its challenge to the trial court’s September 29, 2014 order.
Further, Comiskey incorporates the arguments presented by their
response to the Amended Petition for Mandamus. The Court should deny
FH’s motion as moot.
PRAYER
WHEREFORE, Real Party in Interest Gus H. Comiskey III aka Trey
Comiskey request that the Court deny the motion for stay filed by Relator
FH Partners, LLC.
Respectfully submitted, J OYCE , M C F ARLAND + M C F ARLAND LLP /s/ John H. McFarland Texas State Bar No. 00794270 Direct Dial: 713.222.1114 jmcfarland@jmmllp.com 712 Main Street, Suite 1500 Telephone: 713.222.1112 Facsimile: 713.513.5577 ATTORNEYS FOR REAL PARTIES IN INTEREST GUS H. COMISKEY III A/K/A TREY COMISKEY *4 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document has
been forwarded in the manner indicated, as prescribed by the Texas Rules
of Appellate Procedure, on January 20, 2015, to:
R. Scott Williams
Law Offices of Scott Williams
6150 Richmond Avenue, Suite 118
Phone: 713.785.0000
Fax: 713.785.0078
Email: rswillatty@aol.com
/s/ John H. McFarland