In re Elaine T. Marshall, Individually and as Co-Trustee of the Harrier and Falcon Trusts Appeal from Probate Court No 4 of Harris County (memorandum opinion per curiam)
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Motion to Reconsider Granted; Emergency Motion for Temporary Stay Denied; Stay Lifted; Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 8, 2023. In The Fourteenth Court of Appeals NO. 14-23-00046-CV IN RE ELAINE T. MARSHALL, INDIVIDUALLY AND AS CO-TRUSTEE OF THE HARRIER AND FALCON TRUSTS, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS Probate Court No. 4 Harris County, Texas Trial Court Cause No. 365,053-404 MEMORANDUM OPINION On January 26, 2023, relator Elaine T. Marshall, Individually and as CoTrustee of the Harrier and Falcon Trusts filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable James Horowitz, presiding judge of the Probate Court No. 4 of Harris County, to grant relator’s motion to enter an order staying the trial court proceedings until entry of final judgment in the Louisiana action in trial court number 365,053-404, styled Preston Marshall v. Elaine T. Marshall, et al. Alternatively, relator requests that we direct respondent to enter an order continuing the proceedings related to real party in interest Preston Marshall’s motion for summary judgment, pending the Louisiana Supreme Court’s disposition of all timely writ applications arising from the Third Circuit Court of Appeals’ judgment on the injunction in the Louisiana action. Relator also filed a motion for temporary stay of proceedings below, which the court granted on January 26, 2023. On March 28, 2023, the Louisiana Supreme Court denied relator’s writ application. Thereafter, on April 13, 2023, real party in interest Preston Marshall filed a motion for reconsideration of this court’s January 26, 2023 order granting relator’s emergency motion for temporary stay. After consideration of the motion, relator’s response, and reply of the real party in interest, we grant the motion for reconsideration of relator’s emergency motion for temporary stay. On reconsideration, we deny relator’s emergency motion for temporary stay, and lift our January 26, 2023 stay order. Relator has not established that she is entitled to mandamus relief. Accordingly, we deny relator’s petition for writ of mandamus. PER CURIAM 2 Panel consists of Justices Wise, Jewell, and Poissant. 3
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