in Re Lone Star National Bank ( 2018 )

NUMBER 13-18-00487-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE LONE STAR NATIONAL BANK
On Petition for Writ of Mandamus.
ORDER
Before Justices Rodriguez, Contreras, and Benavides
Per Curiam Order
Relator Lone Star National Bank filed a petition for writ of mandamus and motion
for emergency temporary relief in the above cause on September 6, 2018. Through this
original proceeding, relator seeks to compel the trial court to: (1) vacate an August 31,
2018 order requiring International Bank of Commerce to deposit funds into the registry of
the court and allowing Armando Gomez to withdraw the funds; and (2) issue an order
dismissing the underlying lawsuit in accordance with the motions for nonsuit filed by
relator and International Bank of Commerce. Through its motion for emergency
temporary relief, relator seeks to stay the August 31, 2018 order pending resolution of
this original proceeding.
The Court, having examined and fully considered the motion for emergency
temporary relief, is of the opinion that the motion should be granted. The motion for
emergency temporary relief is GRANTED and the trial court’s order of August 31, 2018
is ordered STAYED pending further order of this Court, or until the case is finally decided.
See TEX. R. APP. P. 52.10(b) (“Unless vacated or modified, an order granting temporary
relief is effective until the case is finally decided.”).
The Court requests that the real parties in interest, International Bank of
Commerce and Armando Gomez, or any others whose interest would be directly affected
by the relief sought, file a response to the petition for writ of mandamus on or before the
expiration of ten days from the date of this order. See id. R. 52.2, 52.4, 52.8.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
6th day of September, 2018.
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