Narrative Opinion Summary
On December 12, 2019, Elaine Marshall filed an emergency motion to stay proceedings related to appellee Preston Marshall’s Motion for Temporary Relief Compelling Distributions in probate cause number 365,053-404. This motion was joined by E. Pierce Marshall, Jr. on December 13, 2019. The court determined that it was not necessary to wait 10 days to consider the emergency motion as per Texas Rule of Appellate Procedure 10.1(a)(3). The court granted the emergency motion, concluding that any actions by the probate court concerning Preston's motion would interfere with the ongoing appeal in case number 14-17-00930-CV. Consequently, the court issued a stay on all further proceedings in cause number 365,053-404 until the resolution of appeal 14-17-00930-CV. The decision was made by the panel consisting of Justices Wise, Jewell, and Poissant.
Legal Issues Addressed
Emergency Motion to Stay Proceedingssubscribe to see similar legal issues
Application: The court considered and granted an emergency motion to stay proceedings without waiting the usual 10-day period, as allowed under Texas Rule of Appellate Procedure 10.1(a)(3).
Reasoning: The court determined that it was not necessary to wait 10 days to consider the emergency motion as per Texas Rule of Appellate Procedure 10.1(a)(3).
Impact of Probate Court Actions on Appealssubscribe to see similar legal issues
Application: The court found that proceeding with the probate court's actions would interfere with an ongoing appeal, justifying the issuance of a stay.
Reasoning: The court granted the emergency motion, concluding that any actions by the probate court concerning Preston's motion would interfere with the ongoing appeal in case number 14-17-00930-CV.
Issuance of Stay Pending Appealsubscribe to see similar legal issues
Application: A stay on all proceedings was issued in the probate cause until the resolution of the related appeal, ensuring no interference occurred during the appellate process.
Reasoning: Consequently, the court issued a stay on all further proceedings in cause number 365,053-404 until the resolution of appeal 14-17-00930-CV.