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I have a case where a writ was issued for a piece of property in our county issued by district court in another county.
A Ex Parte TRO was issued in our county preventing us from executing on the writ. At the hearing the judge overturned his TRO and the loosing party appealed. That issue is pending. Meanwhile prevailing party goes back to other county and obtains a new writ. We are a party in the original Restraining Order and are therefore bound by the stay pending appeal. We are also bound to act on the new writ by a different judge. My thought is we have to act unless ordered to stop by our court. Any thoughts would be appreciated.
 
Posts: 169 | Registered: June 30, 2005Reply With QuoteReport This Post
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We had something like that a few years ago -- two trial courts each asserting jurisdiction and taking opposite approaches. I took the position that we would assume each court acted with proper authority the moment it acted and we'd further assume they each knew of each other's orders. After all, surely the lawyers would be informing the courts as they sought relief, right? Because the courts in our situation were equal, both district courts, the most recent order at any given moment was treated as in force at that moment.

Another possible approach would be to move to consolidate...or, if both district courts are in the same court of appeals district, to seek relief from the court of appeals.
 
Posts: 341 | Location: Tarrant County, Texas | Registered: August 24, 2001Reply With QuoteReport This Post
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