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In re Sills

Court of Appeals Ninth District of Texas at Beaumont
Nov 28, 2017
NO. 09-17-00453-CV (Tex. App. Nov. 28, 2017)

Opinion

NO. 09-17-00453-CV

11-28-2017

IN RE FELICIA SILLS, MICHAEL JAY WILLIAMS AND TAMARA CHE WILLIAMS


Original Proceeding 284th District Court of Montgomery County, Texas
Trial Cause No. 17-09-10877

MEMORANDUM OPINION

Felicia Sills, Michael Jay Williams, and Tamara Che Williams filed a petition for a writ of mandamus to compel the trial court to vacate its November 14, 2017 temporary restraining order. After the Court requested a response from the real party in interest, Tiffany Dawn Wedgeworth, the relators filed a motion for a temporary stay of the temporary restraining order and of the expiration of that order. Upon considering the additional information provided in the relators' motion for temporary relief, the Court concludes that the detriments of mandamus relief outweigh the benefits. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 136 (Tex. 2004) (orig. proceeding). Mandamus may issue to require vacatur of a temporary restraining order when the gravity of interests are sufficiently serious. In re Office of Attorney Gen., 257 S.W.3d 695, 698 (Tex. 2008). In this case, the relators have not shown that the gravity of interests are sufficiently serious to warrant staying a temporary injunction hearing that may result in an appealable order for the benefit of determining the challenged temporary restraining order in its merits. See generally In re Sibley, No. 01-14-00134-CV, 2014 WL 689692, at *1 (Tex. App.—Houston [1st Dist.] Feb. 14, 2014, orig. proceeding) (mem. op.). We deny the petition for a writ of mandamus and the motion for temporary relief.

The temporary restraining order expires November 28, 2017. A temporary injunction hearing is scheduled for November 29, 2017.

PETITION DENIED.

PER CURIAM Submitted on November 27, 2017
Opinion Delivered November 28, 2017 Before McKeithen, C.J., Horton and Johnson, JJ.


Summaries of

In re Sills

Court of Appeals Ninth District of Texas at Beaumont
Nov 28, 2017
NO. 09-17-00453-CV (Tex. App. Nov. 28, 2017)
Case details for

In re Sills

Case Details

Full title:IN RE FELICIA SILLS, MICHAEL JAY WILLIAMS AND TAMARA CHE WILLIAMS

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Nov 28, 2017

Citations

NO. 09-17-00453-CV (Tex. App. Nov. 28, 2017)