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in Re Mujtaba Ali Khan
Citation: Not availableDocket: 09-13-00382-CV
Court: Court of Appeals of Texas; September 26, 2013; Texas; State Appellate Court
Original Court Document: View Document
Mujtaba Ali Khan seeks mandamus relief from an interlocutory order by the trial court enforcing a partial summary judgment in a dispute over the ownership and control of Xenon Anesthesia of Texas, P.L.L.C. Haroon Chaudhry and Xenon Health L.L.C. initiated the lawsuit against Khan and Xenon Texas, alleging breach of contract, tortious interference, and seeking specific performance. The trial court enjoined Khan and Xenon Texas from making expenditures or transferring ownership interests. On June 20, 2013, the trial court granted Chaudhry's motion for summary judgment, ordering Khan to transfer ownership of Xenon Texas to Chaudhry and provide certain information within thirty days. Following an enforcement hearing, the court ordered Khan to execute an Equity Interest Assignment Agreement, effectively transferring all his interests in Xenon Texas to Chaudhry and appointing Chaudhry as the sole member and manager. The trial court denied Khan’s request for severance or permission to appeal. Khan argues that the trial court abused its discretion by enforcing the partial summary judgment before a final judgment was signed, which violates his right to appeal and maintain the status quo. The court noted that allowing the enforcement of the judgment before finality could permanently deprive Khan of his right to appellate review. It concluded that the trial court’s order constituted an abuse of discretion, and as a result, the petition for writ of mandamus is conditionally granted, with the expectation that the trial court will vacate its August 9, 2013 order. The writ will be issued only if the trial court fails to comply.