1 No. 01

- 15

- 00267 -CV

IN THE COURT OF APPEALS

FOR THE 1 st JUDICIAL DISTRICT OF TEXAS

AT HOUSTON

IN RE SOLID SOFTWARE SOLUTIONS, INC., d/b/a EDIBLE SOFTWARE

Original Proceeding from the 215th Judicial District

Of Harris County, Texas

Trial Court Cause No. 2013

- 74668

RELATOR SOLID SOFTWARE SOLUTIONS INC. d/b/a EDIBLE

SOFTWARE’ S EMERGENCY MOTION FOR TEMPORARY STAY

Gregg M. Rosenberg

Texas State Bar No. 17268750

Tracey D. Lewis

Texas State Bar No. 24090230

ROSENBERG SPROVACH

3518 Travis, Suite 200

Hous ton, Texas 77002

Telephone (713) 960

- 8300

Facsimile (713) 621

- 6670

gregg@rosenberglaw.com

Attorneys for Relators

RELATORS’ EMERGENCY MOTION FOR TEMPORARY STAY

TO THE COURT OF APPEALS : ACCEPTED

01-15-00267-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

3/24/2015 6:05:16 PM

CHRISTOPHER PRINE

CLERK2 Relator Solid Software Solutions, Inc., d/b/a Edible Software (hereinafter

referred to as “Relator”) file s this Emergency Motion for Temporary Stay in

conjunction with its previously filed Petition for Writ of Mandamus

.

MOTION FOR TEMPORARY RELIEF

Pursuant to T EX . R. A PP

. P. 52.10, Relators file this Motion to respectfully

request that the Court of Appeals stay the underlying trial proceedings, including

all discovery, in the above captioned case pending action by the Court of Appeals

on Relators Petition for Writ of Mandamus.

ARGUMENT

On Ma rch 2 4 , 2015

, Relator filed its Petition for Writ of Mandamus

requesting that this Court vacate Respondent’s February 27,2015 Order on denying

Relator’s Motion to Dismiss . The Order is attached as Exhibit ‘A.’ Relators file

this Emergency Motion for Temporary Stay pursuant to Texas Rule of Appellate

Procedure, 52.10, requ esting this Court stay all proceedings in the trial court,

pending a resolution of the mandamus petition. The purpose of the stay is to

“prevent the parties and the respondent trial court from taking action until they

receive further orders from the appellate court.” In re Bates

, 429 S.W.3d 47

, 53

(Tex. App.

– Houston [1 st Dist.] 2014, orig. proceeding).

The trial of the underlying suit is set for the two week docket beginning

March 23, 2015. Because of the ramifications of moving forward in the trial, when3 there is a genuine question as to whether or not the trial court has jurisdiction over

the claims brought against Relator, Relator respectfully request the issuance of a

Temporary Stay until this mandamus proceeding can be heard and considered by

this Court. A trial will require that Relator incur expenses independent from those

that would be incurred against the individual defendant in the underlying case.

Therefore, Relator reques t s that th is Court stay all proceedings in the underlying

case until such time as this Court grants or denies Relator ’ s Petition for Writ of

Mandamus.

PRAYER

For the reasons set forth herein, Relator respectfully request s this Court

temporarily stay the proceedings in the underlying case until such time as the Court

grants or denies the mandamus relief sought therein.

Respectfully submitted,

/s/ Gregg M. Rosenberg________

Gregg M. Rosenberg

Texas State Bar No. 17268750

ROSENBERG & SPROVACH

3518 Travis Suite 200

Houston, Texas 77002

(713) 960

- 8300

(713) 621

- 6670 (Facsimile)

Attorney

- in

- Charge for Defendant

OF COUNSEL:

ROSENBERG & SPROVACH ATTORNEYS FOR RELATORS4 CERTIFICATE OF COMPLIANCE WITH TEX. R. APP. P. 52.10(A)

Counsel for Relators hereby certifies that he has notified all parties by expedited

means that a motion for temporary relief has been filed, in compliance with T EX

. R. A PP . P. 52.10(a).

/s/ Gregg M. Rosenberg

Gregg M. Rosenberg

CERTIFICATE OF SERVICE

The undersigned hereby certifies that o n this 24 th day of March, 2015, a true

and correct copy of the foregoing document has been served as follows on all other

parties in compliance with Tex. R. App. P. 9.5(b ):

Respondent:

Judge Elaine H. Palmer

Harris County Civil Courthouse

201 Caroline, 13th Floor

Houston, Texas 77002

Via Hand Delivery

Counsel for Real Parties in Interest:

Mr. Jeffrey N. Todd

312 S. Friendswood Drive

Friendswood, Texas 77546

(281) 992

- 8633 (Tel)

(281) 648

- 8633

Via Hand Delivery and E

- mail

/s/ Gregg M. Rosenberg

Gregg M. Rosenberg