In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00032-CV
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IN RE MUJTABA ALI KHAN
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Original Proceeding
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MEMORANDUM OPINION
In a petition accompanied by a motion for temporary relief, Relator, Mujtaba
Ali Khan, asks this Court to issue a writ of prohibition restraining the judge of the
284th District Court of Montgomery County, Texas, “from holding any contempt
proceedings to enforce any orders currently on appeal before this Court[.]” Relator
currently has pending before this Court an appeal from a judgment on the merits
and an appeal from a turnover order in the same case. The judgment orders Relator
to transfer his ownership interest in Xenon Anesthesia of Texas PLLC to the real
party in interest, Haroon Chaudhry, M.D., and awards attorney’s fees. The
judgment has not been superseded. See Tex. R. App. P. 24.2(a)(2). The turnover
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order requires Relator to deliver an executed Equity Interest Assignment
Agreement transferring Relator’s interest in the company to Chaudhry and orders
Relator to pay attorney’s fees to Chaudhry. The trial court has scheduled a show
cause hearing for January 28, 2015, to determine whether Relator should be held in
contempt for disobeying the turnover order.
The purpose of a writ of prohibition is to “protect the subject matter of an
appeal or to prohibit an unlawful interference with the enforcement of a superior
court’s orders and judgments.” Holloway v. Fifth Court of Appeals, 767 S.W.2d
680, 683 (Tex. 1989). In this case, Relator has not shown that the trial court lacks
authority to hold contempt proceedings and enforce its orders. “A trial court is free
to aid execution while an unsuperseded judgment is on appeal.” In re Sheshtawy,
154 S.W.3d 114, 124 (Tex. 2004).
“An appellate court still retains the overarching power to stay any actions of
a trial court, including contempt proceedings, that may interfere with its
jurisdiction or the subject matter of the appeal.” Id. Relator contends that he has a
meritorious appeal, but he has not demonstrated that the issuance of a writ of
prohibition is necessary to enforce our jurisdiction. See Tex. Gov’t Code Ann. §
22.221(a) (West 2004). We deny the petition for a writ of prohibition and the
motion for temporary relief. See Tex. R. App. P. 52.8.
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PETITION DENIED.
PER CURIAM
Submitted on January 22, 2015
Opinion Delivered January 22, 2015
Before Kreger, Horton, and Johnson, JJ.
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