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in Re Hoa Hao Buddhist Congregational Church Texas Chapter and Dung Anh Nguyen

Citation: Not availableDocket: 01-14-00059-CV

Court: Court of Appeals of Texas; January 21, 2014; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Relators Hoa Hao Buddhist Congregational Church Texas Chapter and Dung Anh Nguyen filed a petition for writ of mandamus and a motion for emergency temporary relief on January 21, 2014. The Court granted the motion for emergency temporary relief, staying the trial court’s order from January 15, 2014, which required the relators to comply with discovery demands from November 14, 2013. This stay will remain in effect until the resolution of the relators’ petition or until further order from the Court. The Court also requested a response from the real party in interest, Sarah Huynh, to the petition for writ of mandamus, due by February 21, 2014. The order was signed by Judge Jim Sharp on January 22, 2014.

Legal Issues Addressed

Issuance of Emergency Temporary Relief

Application: The Court issued emergency temporary relief to stay a trial court's order pending the resolution of a petition for writ of mandamus.

Reasoning: The Court granted the motion for emergency temporary relief, staying the trial court’s order from January 15, 2014, which required the relators to comply with discovery demands from November 14, 2013.

Procedural Requirements for Writ of Mandamus

Application: The Court requires a response from the real party in interest when a petition for writ of mandamus is filed.

Reasoning: The Court also requested a response from the real party in interest, Sarah Huynh, to the petition for writ of mandamus, due by February 21, 2014.