Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
On Petition for Writ of Mandamus and Motion for Emergency Temporary Relief.
Before Chief Justice Valdez and Justices Benavides and Longoria
Relator, Carolyn Casterline, filed a petition for writ of mandamus and motion for emergency temporary relief in the above cause on December 20, 2013. Relator contends that the trial court abused its discretion by granting a motion to reconsider and reopen an expedited foreclosure proceeding after it had already denied the application for expedited foreclosure. See Tex. R. Civ. P. 736.8(c).
The Court, having examined and fully considered the motion for emergency temporary relief, is of the opinion that said motion should be granted. The motion for emergency relief is hereby GRANTED, and the trial court's order of October 18, 2013 and all foreclosure proceedings, including but not limited to the foreclosure sale set for January 7, 2014, are 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, OneWest Bank, FSB, or any other persons or entities whose interest would be directly affected by the ...