NUMBER 13-16-00464-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE PLAINSCAPITAL BANK
On Petition for Writ of Mandamus.
ORDER
Before Justices Rodriguez, Benavides, and Longoria
Per Curiam Order
Relator, Plainscapital Bank, filed a petition for writ of mandamus and emergency
motion to stay in the above cause on August 18, 2016. This original proceeding joins two
separate appeals currently pending in this Court in causes 13-16-00210-CV and 13-16-
00463-CV. Through this original proceeding, relator seeks to set aside an order requiring
it to “accept an insufficient payment and permanently release a lien.” Through its
emergency motion, relator seeks to stay the trial court’s August 19, 2016 order, which
requires performance within one business day, pending resolution of this original
proceeding.
The Court, having examined and fully considered the motion for emergency relief,
is of the opinion that the motion should be granted. The motion for emergency relief is
GRANTED and the trial court’s order of August 19, 2016 is ordered STAYED pending
further order of this Court, or until the case is finally decided. See TEX. R. APP. P. 52.10(b)
(“Unless vacated or modified, an order granting temporary relief is effective until the case
is finally decided.”).
The Court requests that the real party in interest, Ricardo Diaz Miranda, or any
others whose interest would be directly affected by the relief sought, file a response to
the petition for writ of mandamus on or before the expiration of ten days from the date of
this order. See id. R. 52.2, 52.4, 52.8.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
19th day of August, 2016.
2
in Re PlainsCapital Bank
Combined Opinion