in Re: Stacey D. Howard

Order entered May 15, 2019 In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00410-CV IN RE STACEY D. HOWARD, Relator Original Proceeding from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-04354-2013 ORDER Before Justices Myers, Molberg, and Nowell Based on the Court’s opinion of this date, we CONDITIONALLY GRANT the writ of mandamus as to relator’s request that the trial court rule on his outstanding motions and his requests for a trial setting. We DIRECT the trial court to, within thirty days of the date of this opinion, issue written rulings on all motions pending as of the date of this order, and issue a written order setting the case for trial in order to proceed to judgment. We further DIRECT the trial court to allow relator to participate in pre-trial hearings and trial by affidavit, deposition, telephone, or other effective and constitutionally-reasonable means. We further ORDER the trial court to file with this Court, within the time for compliance with the Court’s opinion and order of this date, a certified copy of its rulings and orders evidencing such compliance. Should the trial court fail to comply with this order, the writ will issue. We DENY the petition for writ of mandamus as to relator’s complaint that Respondent has not ruled on relator’s motion for summary judgment and request for bench warrant. /s/ LANA MYERS JUSTICE