Court of Civil Appeals of Texas, 2022

in Re Alamo Transit Company, Alamo Garden, Inc., Alamo Cement Company, Alamo Concrete Products Company, Fernando Mascorro, and Arnoldo Canales

in Re Alamo Transit Company, Alamo Garden, Inc., Alamo Cement Company, Alamo Concrete Products Company, Fernando Mascorro, and Arnoldo Canales
Court of Civil Appeals of Texas · Decided March 22, 2022

in Re Alamo Transit Company, Alamo Garden, Inc., Alamo Cement Company, Alamo Concrete Products Company, Fernando Mascorro, and Arnoldo Canales

Opinion

Fourth Court of Appeals San Antonio, Texas March 22, 2022 No. 04-22-00153-CV IN RE ALAMO TRANSIT COMPANY; Alamo Garden, Inc.; Alamo Cement Company; Alamo Concrete Products Company; Fernando Mascorro; and Arnoldo Canales Original Proceeding1

ORDER Sitting: Patricia O. Alvarez, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice On March 11, 2022, Relators filed a petition for writ of mandamus and a motion for temporary relief to stay all proceedings in the trial court pending final disposition of their petition for writ of mandamus.

This court believes a serious question concerning the mandamus relief sought requires further consideration. See TEX. R. APP. P. 52.8(b). Respondent and Real Party in Interest may file a response to the petition in this court by April 1, 2022. Any response must comply with Rule 52.4.

Relators’ March 11, 2022 motion for temporary relief is granted. All trial court proceedings in Cause No. 21-08-40320-MCV, styled Billy Brooks v. Alamo Transit Company; Alamo Garden, Inc.; Alamo Cement Company; Alamo Concrete Products Company; Fernando Mascorro; and Arnoldo Canales, pending in the 293rd Judicial District Court, Maverick County, Texas, are stayed pending further order of this court.

Relators’ petition for writ of mandamus remains pending before this court.

This proceeding arises out of Cause No. 21-08-40320-MCV styled Billy Brooks v. Alamo Transit Company; Alamo Garden, Inc.; Alamo Cement Company; Alamo Concrete Products Company; Fernando Mascorro; and Arnoldo Canales, pending in the 293rd Judicial District Court, Maverick County, Texas, the Honorable Maribel Flores presiding.

It is so ORDERED on this 22nd day of March, 2022.

PER CURIAM

ATTESTED TO: ______________________________ MICHAEL A. CRUZ, Clerk of Court

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