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in Re Collier Ranch, LP, a Texas Limited Partnership and the Related Companies, LP, a New York Limited Partnership

Citation: Not availableDocket: 03-07-00076-CV

Court: Court of Appeals of Texas; February 12, 2007; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

On February 8, 2007, Collier Ranch, LP, and The Related Companies, LP filed a motion for emergency relief and a petition for writ of mandamus concerning orders from the trial court dated February 1 and February 5, 2006. The Texas Court of Appeals granted the motion for emergency relief, staying the trial court's orders pending further proceedings. Subsequently, the real parties in interest requested the court to lift the stay regarding specific paragraphs of the February 5 order, claiming they were unrelated to the mandamus petition. After reviewing the case, the court granted this request and lifted the stay on paragraphs five and six of the February 5 order, while maintaining the stay on paragraphs one through four. The order was filed by Justices Puryear, Pemberton, and Waldrop on February 13, 2007.

Legal Issues Addressed

Emergency Relief in Appellate Procedure

Application: The Texas Court of Appeals granted the emergency relief to stay the trial court's orders pending further proceedings.

Reasoning: The Texas Court of Appeals granted the motion for emergency relief, staying the trial court's orders pending further proceedings.

Modification of Stay Orders in Appellate Process

Application: The appellate court modified the stay order by lifting the stay on certain paragraphs of the trial court's order upon request from the real parties in interest, while maintaining it on others.

Reasoning: After reviewing the case, the court granted this request and lifted the stay on paragraphs five and six of the February 5 order, while maintaining the stay on paragraphs one through four.

Writ of Mandamus in Appellate Courts

Application: Collier Ranch, LP, and The Related Companies, LP filed a petition for writ of mandamus regarding the trial court's orders, which was reviewed by the appellate court.

Reasoning: Collier Ranch, LP, and The Related Companies, LP filed a motion for emergency relief and a petition for writ of mandamus concerning orders from the trial court.