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