In re Tantrum St., LLC

BILL WHITEHILL JUSTICE

On Appeal and Original Proceeding from the 192nd Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-15-05170

In accordance with the Court's opinion issued this date, the petition for writ of mandamus is conditionally GRANTED. The Court ORDERS the trial judge, the Honorable Craig Smith, Judge of the 192nd Judicial District Court, to VACATE (i) his September 2, 2016 order granting real party in interest Kristina "Kit" Carson's motion to reconsider summary judgment and (ii) his September 9, 2016 order granting real party in interest Kristina "Kit" Carson's motion for summary judgment.

Should the trial judge fail to comply with this order, the writ will issue. The Court ORDERS the trial judge to file with this Court, within thirty days of the date of this order, a certified copy of its order issued in compliance with this order.

We ORDER that relator Tantrum Street, LLC recover its costs of this original proceeding from real party in interest Kristina "Kit" Carson.

It is further ORDERED that the stay of trial court proceedings imposed by our order of September 27, 2016 is LIFTED.

/s/ BILL WHITEHILL

JUSTICE