In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-16-00288-CV
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IN RE STEPHEN A. SMITH
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Original Proceeding
284th District Court of Montgomery County, Texas
Trial Cause No. 16-07-07602-CV
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ORDER
Stephen A. Smith filed a petition for writ of mandamus. The relator is the
defendant in Cause No. 16-07-07602-CV, Carl Cannon, Lisa Cannon, Mark Atkins,
Cathy Atkins, David Cannon, Val Cannon, Chris Gaskill, Cindy Gaskill, Justin
Regan, and Shannon Regan v. Stephen A. Smith. Relators seek a writ compelling the
Honorable Claudia L. Laird, sitting as a visiting judge in the 284th District Court of
Montgomery County, Texas, to vacate her pronounced order of August 17, 2016,
which disqualified Marc J. Wojciechowski and the firm of Wojciechowski &
Associates from representing Relator in the case before the trial court, and revise her
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disqualification order to permit Marc J. Wojciechowski and the firm of
Wojciechowski & Associates to represent Smith in all matters outside the presence
of the jury. We note our jurisdiction over this matter and the parties. See Tex. Gov’t
Code Ann. § 22.221 (West 2004).
Relator requests a stay of the pronounced disqualification order and all further
proceedings in the trial court as temporary relief. See Tex. T. App. P. 52.10(a). The
Court finds temporary relief is necessary to prevent undue prejudice. It is
ORDERED that the pronounced order of disqualification and all further proceedings
in Cause No. 16-07-07602-CV are STAYED until our Opinion issues or until further
order of this Court. See Tex. R. App. P. 52.10(b). No bond is required of the relator
as a condition to any relief herein granted.
The response of the real parties in interest, Carl Cannon, Lisa Cannon, Mark
Atkins, Cathy Atkins, David Cannon, Val Cannon, Chris Gaskill, Cindy Gaskill,
Justin Regan, and Shannon Regan, is due September 1, 2016.
MOTION FOR TEMPORARY RELIEF GRANTED.
ORDER ENTERED August 22, 2016.
PER CURIAM
Before McKeithen, C.J., Kreger and Johnson, JJ.
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