Court of Civil Appeals of Texas, 2018

in Re Abira Medical Laboratories, LLC D/B/A Genesis Diagnostics - II

in Re Abira Medical Laboratories, LLC D/B/A Genesis Diagnostics - II
Court of Civil Appeals of Texas · Decided October 3, 2018

in Re Abira Medical Laboratories, LLC D/B/A Genesis Diagnostics - II

Opinion

Motion GRANTED and Order filed October 3, 2018.

In The Fourteenth Court of Appeals ____________ NO. 14-18-00386-CV ____________ IN RE ABIRA MEDICAL LABORATORIES, LLC D/B/A GENESIS DIAGNOSTICS - II, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS County Civil Court at Law No. 4 Harris County, Texas Trial Court Cause No. 1080417 ORDER Relator Abira Medical Laboratories, LLC d/b/a Genesis Diagnostics - II filed a petition for writ of mandamus in this court. Relator asks this court to order the Honorable Roberta Lloyd, Judge of County Civil Court at Law No. 4, in Harris County, Texas, to set aside her order granting Hologic, Inc.’s plea to the jurisdiction dated April 25, 2018, entered in trial court number 1080417, styled St. Jude Medical SC, Inc. v. K & S Consulting, LLC a/k/a and d/b/a K & S Consulting, et al. Relator claims respondent abused her discretion by granting the plea to the jurisdiction.

Relator also filed a motion for temporary stay of proceedings below. See Tex. R. App. P. 52.8(b), 52.10. On October 2, 2018, relator asked this court to stay proceedings in the trial court pending a decision on the petition for writ of mandamus.

It appears from the facts stated in the petition and motion that relator’s request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator’s motion and issue the following order: We ORDER all proceedings in trial court cause number 1080417, St. Jude Medical SC, Inc. v. K & S Consulting, LLC a/k/a and d/b/a K & S Consulting, et al., STAYED until a final decision by this court on relator’s petition for writ of mandamus, or until further order of this court.

PER CURIAM

Panel consists of Justices Christopher, Brown, and Wise.

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