Form 17I:4 Response to Motion to Stay the Mandate

{STYLE OF THE CASE IN THE COURT OF APPEALS - FORM 11C:1}

{PARTY}'S RESPONSE TO

{ADVERSE PARTY}'S MOTION TO STAY THE MANDATE

{Party} asks the Court to deny {adverse party}'s motion to stay the issuance of the mandate to the trial court pending disposition by the United States Supreme Court of the petition for writ of certiorari.

A. Introduction

1. Appellant is {name}; appellee is {name}.

2. The Court rendered its judgment in this case on {date}, {reversing/affirming/modifying/vacating/remanding} the trial court's judgment.

3. The Court's mandate is due to be issued on {date}.

4. On {date}, {adverse party} filed a petition for writ of certiorari in the United States Supreme Court. The grounds stated in the petition are as follows: {identify the grounds stated in the petition}.

B. Argument & Authorities

5. Although the Court has the authority under Texas Rule of Appellate Procedure 18.2 to stay the issuance of the mandate to the trial court, this is not a case in which the Court should do so.

{CHOOSE APPROPRIATE PARAGRAPHS 6-9}

6. {Adverse party} is not entitled to have issuance of the mandate in this case stayed pending disposition of the petition for writ of certiorari to the United States Supreme Court because the grounds stated in {adverse party}'s petition for certiorari are not substantial. {Explain why the grounds stated in adverse party's petition are not substantial, e.g., adverse party's claims of error in the case are not supported by authority or have been addressed previously by the United States Supreme Court in a manner unfavorable to adverse party's position.}

7. {Adverse party} is not entitled to have issuance of the mandate in this case stayed pending disposition of the petition for writ of certiorari to the United States Supreme Court because {adverse party} has not demonstrated that it would suffer serious hardship from the mandate's issuance if the judgment were later reversed. {Elaborate.}

8. This case has been pending for {number} years. {Adverse party} has at every point delayed the resolution of this case. Throughout this appeal, {adverse party} has asked for {number} extensions. {Adverse party} has no hope of prevailing in the United States Supreme Court. Filing an application for certiorari is just one more excuse to delay paying the judgment in this case.

9. The delay of the mandate will seriously injure {party}. {Elaborate, e.g., party is elderly and needs the money to pay hospital bills.}

{ADD PARAGRAPH 10 IF NECESSARY}

10. {Party} attaches an affidavit to this response to establish facts that are not included in the appellate record, are not known to the Court in its official capacity, and are not within the personal knowledge of the attorney signing this response. Tex. R. App. P. 10.2.

C. Conclusion

11. {Briefly summarize the response.}

D. Prayer

12. For these reasons, {party} asks the Court to deny {adverse party}'s motion to stay issuance of the mandate in this case.