No. 01-15-00267-CV

IN THE

FIRST COURT OF APPEALS

AT HOUSTON, TEXAS

__________________________________________________________

In re SOLID SOFTWARE SOLUTIONS, INC.,

d/b/a EDIBLE SOFTWARE 

___________________________________________________________

Original Proceeding arising from Cause No. 2013-748, in t66he 

215th District Court of Harris County, Texas

___________________________________________________________

REAL PARTY IN INTEREST’S OPPOSITION TO

RELATOR’S MOTION FOR TEMPORARY STAY

___________________________________________________________

Andrea Farmer, Real Party in Interest, files this response in 

opposition to the Relator’s Motion for Temporary Stay: 

Relator filed its Petition for Writ of Mandamus on March 24, 2015, 

complaining of the trial court’s Order denying the Relator’s Motion to 

Dismiss or for Summary Judgment that was entered February 27, 2015. 

This case is set on the trial court’s current trial docket that began on March 

23, 2015. 

Mandamus is an extraordinary remedy, reserved for use in instances 

of manifest and urgent necessity. Holloway v. Fifth Court of Appeals, 767 

ACCEPTED

01-15-00267-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

3/25/2015 11:26:37 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/25/2015 11:26:37 AM CHRISTOPHER A. PRINE Clerk
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S.W.2d 680, 684 (Tex. 1989). It is not issued as a matter of right, but solely 

at the discretion of the court, In re Prudential Ins., 148 S.W.3d 124, 138 (Tex. 

2003), and only when the relator “satisfies a heavy burden of establishing 

‘compelling circumstances.’” Tilton v. Marshall, 925 S.W.2d 672, 681 (Tex. 

1996). “As a selective procedure, mandamus can correct clear errors in 

exceptional cases and afford appropriate guidance to the law without the 

disruption and burden of interlocutory appeal.” Id. But the Court may 

issue mandamus only when the relator demonstrates and the Court finds 

that (1) the trial court has committed an abuse of discretion and (2) the 

relator lacks any adequate remedy at law. Walker v. Packer, 827 S.W.2d 833, 

839 (Tex. 1992). Mandamus is generally unavailable when a trial court 

denies summary judgment, no matter how meritorious the motion. In re 

McAllen Med. Ctr., 275 S.W.3d 458, 465 (Tex. 2008).

In its Petition, the Relator fails even to address the issue of the 

adequacy of its remedy by ordinary appeal. It is not clear that the Relator 

will lose any substantial right by being required simply to try this case and 

appeal an adverse result, rather than be excused through summary 

disposition. What is clear is that an opportunity to try this case on the trial 

court’s established schedule will almost certainly be lost, should the Court 
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grant Relator’s Motion for a Temporary Stay. The Relator cites “the 

ramifications of moving forward in the trial” without articulating what 

those “ramifications” actually are. Due to the dearth of explanation, both 

in the Relator’s Petition and its Motion for Temporary Stay, the latter 

should be denied.

For these reasons, Andrea Farmer, Real Party in Interest, respectfully 

requests that the Relator’s Motion for Temporary Stay of the trial court 

proceedings be denied.

Respectfully submitted,

SIMPSON, P.C.

/s/ Iain G. Simpson

______________________________

Iain G. Simpson

State Bar No. 00791667

1333 Heights Boulevard, Suite 102

Houston, Texas 77008

(281) 989-0742

(281) 596-6960 – fax

iain@simpsonpc.com

APPELLATE COUNSEL FOR 

REAL PARTY IN INTEREST ANDREA FARMER
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CERTIFICATE OF SERVICE

I hereby certify that, on March 25, 2015, I served a true and correct 

copy of the foregoing motion via electronic service, certified mail, facsimile, 

or hand delivery on the following:

Gregg M. Rosenberg

Rosenberg & Sprovach

3518 Travis, Suite 200

Houston, Texas 77002

COUNSEL FOR RELATOR

SOLID SOFTWARE SOLUTIONS, INC.

Hon. Elaine H. Palmer

215th District Court

201 Caroline, 13th Floor

Houston, Texas 77002

RESPONDENT

/s/ Iain G. Simpson

________________________________

Iain G. Simpson