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No. 01-15-00267-CV 

IN THE COURT OF APPEALS 

FOR THE 1st 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

Houston, 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

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/24/2015 6:05:16 PM CHRISTOPHER A. PRINE Clerk
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Relator Solid Software Solutions, Inc., d/b/a Edible Software (hereinafter 

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

conjunction with its previously filed Petition for Writ of Mandamus.

MOTION FOR TEMPORARY RELIEF

Pursuant to TEX. R. APP. 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 March 24, 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, requesting 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 [1st 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, when 
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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 requests that this 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 requests 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 RELATORS
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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 TEX. 

R. APP. P. 52.10(a).

/s/ Gregg M. Rosenberg

 Gregg M. Rosenberg

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on this 24th 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