Narrative Opinion Summary
Michael Postel filed a petition for a writ of mandamus in the Court of Appeals, Ninth District of Texas, seeking to compel Judge Tracy Gilbert of the 418th District Court to vacate a prior order that mandated discovery in his marital case with Theresa Postel (Cause No. 12-09-10107 CV). Postel claims that proceeding with the discovery would result in prejudice before the court resolves the issues presented in his mandamus petition. The court acknowledges its jurisdiction and finds that temporary relief is warranted to prevent undue prejudice. Consequently, the trial court's order from July 30, 2013, is stayed until the court issues its opinion or further orders. No bond is required from Postel for the relief granted. Theresa Postel must respond by August 30, 2013, at 5:00 p.m. The motion for temporary relief has been granted as of August 20, 2013. The order was issued per curiam and signed by Justices Gaultney, Kreger, and Horton.
Legal Issues Addressed
Issuance of Temporary Reliefsubscribe to see similar legal issues
Application: The court grants temporary relief by staying the trial court's discovery order to prevent prejudice to Michael Postel while his mandamus petition is being considered.
Reasoning: Consequently, the trial court's order from July 30, 2013, is stayed until the court issues its opinion or further orders.
Jurisdiction of Court of Appealssubscribe to see similar legal issues
Application: The Court of Appeals, Ninth District of Texas, asserts its jurisdiction to review and issue temporary relief in the form of a stay on the trial court's discovery order.
Reasoning: The court acknowledges its jurisdiction and finds that temporary relief is warranted to prevent undue prejudice.
Mandamus Petition in Family Law Proceedingssubscribe to see similar legal issues
Application: Michael Postel filed a mandamus petition to challenge a discovery order in his marital case, seeking to prevent potential prejudice before the resolution of his petition.
Reasoning: Postel claims that proceeding with the discovery would result in prejudice before the court resolves the issues presented in his mandamus petition.
Requirement for Bond in Temporary Reliefsubscribe to see similar legal issues
Application: The court provides temporary relief without requiring a bond from Michael Postel.
Reasoning: No bond is required from Postel for the relief granted.
Response Deadline for Opposing Partysubscribe to see similar legal issues
Application: Theresa Postel is required to respond to the mandamus petition by a specified deadline, ensuring procedural fairness.
Reasoning: Theresa Postel must respond by August 30, 2013, at 5:00 p.m.