HOUSTON – An appeals court has granted an entity's request to modify a temporary restraining order in a foreclosure case.
"We conditionally grant mandamus against Judge Daryl Moore, presiding judge of the 333rd District Court. We are confident that Judge Moore will vacate the Sept. 13 order extending the temporary restraining order," the 14th Court of Appeals wrote in its Sept. 21 order. "The writ will issue only if Judge Moore fails to vacate the order. All other relief requested by (2500 West Loop) is denied."
On Sept. 4, 2500 West Loop Inc. filed a petition asking that the 14th Court of Appeals vacate a temporary restraining order issued by Moore. That order would temporarily stop foreclosure proceedings on 2500 West Loop Inc. and its location of the same address in Houston.
Moore had extended a temporary order on Sept. 13 that had been issued against 2500 West Loop.
"The Sept. 13 order extending the (temporary restraining order) for a second time does not comply with the requirements of Rule 680," the Appellate Court ruled.
However, an additional request to vacate a temporary restraining order issued by Harris County Ancillary Court Judge Robert Schaffer was denied.
According to the ruling, in August an ancillary court judge ordered Jetall Companies Inc., Ali Choudhri, Bradley S. Parker, and 2500 West Loop Inc. be barred from directly or indirectly foreclosing, or attempting to foreclose on the property.
2500 West Loop removed the case to federal court shortly afterward.
This occurred "following the issuance of the Aug. 16 order, and before a hearing could be held on the temporary injunction," according to the ruling.
A temporary injunction hearing was held on Sept. 12, where at that point, Moore extended the Aug. 30 temporary restraining order for another 14 days, the ruling states.
That hearing, however, was not completed. In order to "facilitate completion of the hearing and review of the parties’ requests, Judge Moore signed an order on Sept. 13, extending the temporary restraining order another 14 days," the ruling states..