A series of unfortunate events
March 1, 2020In re Catapult Realty arose from a foreclosure that wound a complex path through the Dallas courthouse, and offers two practice reminders about such situations:
- The judge of one district court signed a TRO on behalf of another district judge. The resulting order was void because “[t]he record does not reflect that another temporary injunction or other evidentiary hearing was held before the 298th district judge prior to her signing the 2nd TRO.”;
- A county court granted a plea in abatement based on her perceived inability to decide subject-matter jurisdiction. Mandamus relief was proper when this decision was incorrect legally, and where the resulting order “does not specify the circumstances that will allow for the case to be reinstated,” thus denying the plaintiff “the right to proceed to a resolution of the forcible-detainer action within a reasonable time.”
Nos. 05-19-01056-CV & -00109-CV (Feb. 20, 2020) (mem. op.)