Court of Civil Appeals of Texas, 2018

in Re Trane U.S. Inc. and Rigoberto Garza

in Re Trane U.S. Inc. and Rigoberto Garza
Court of Civil Appeals of Texas · Decided January 8, 2018

in Re Trane U.S. Inc. and Rigoberto Garza

Opinion

NUMBER 13-18-00008-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

IN RE TRANE US. INC. AND RIGOBERTO GARZA

On Petition for Writ of Mandamus.

ORDER Before Justices Rodriguez, Longoria, and Hinojosa Order Per Curiam Relators Trane U.S. Inc. and Rigoberto Garza filed a petition for writ of mandamus and motion for emergency stay in the above cause on January 4, 2018. Through this original proceeding, relators seek to compel the trial court to vacate a November 14, 2017 order granting reinstatement of the underlying case after it was dismissed for want of prosecution. Through their motion for emergency stay, relators seek to stay all discovery and further proceedings in the trial court pending resolution of this original proceeding.

The Court, having examined and fully considered the motion for emergency stay, is of the opinion that the motion should be granted. The motion for emergency stay is GRANTED and the trial court proceedings are ordered STAYED pending further order of this Court, or until the case is finally decided. See TEX. R. APP. P. 52.10(b) (“Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided.”). The Court requests that the real party in interest, A.J. Steel Erectors LLC, or any others whose interest would be directly affected by the relief sought, including but not limited to STEX Industries and Merdy Villarreal, file a response to the petition for writ of mandamus on or before the expiration of ten days from the date of this order. See id. R. 52.2, 52.4, 52.8.

IT IS SO ORDERED.

PER CURIAM

Delivered and filed the 8th day of January, 2018.

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