in Re Barsh Auto, LLC ( 2021 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-21-00085-CV
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IN RE BARSH AUTO, LLC
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Original Proceeding
284th District Court of Montgomery County, Texas
Trial Cause No. 19-09-12264-CV
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ORDER
Barsh Auto, LLC, Relator, filed a petition for a writ of mandamus and a
motion for temporary relief. See Tex. R. App. P. 52. Relator is an intervenor in Trial
Cause Number 19-09-12264-CV, Charles Rutland, et al. v. Britton Grissom. Relator
seeks a writ compelling the Honorable Kristin Bays, Judge of the 284th District
Court of Montgomery County, Texas, to vacate a February 5, 2021 order granting
the Defendant’s Motion to Exclude Undisclosed Evidence of Damages. See Tex.
Gov’t Code Ann. § 22.221.
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Additionally, Relator asks the Court to stay an impending hearing in the trial
court that has been scheduled on the Defendant’s Motion to Dismiss for Want of
Prosecution before ruling on Relator’s petition. The Court finds temporary relief is
necessary to prevent undue prejudice. We ORDER the hearing in Trial Cause
Number 19-09-12264-CV on the Defendant’s Motion to Dismiss Relator’s claims
for want of prosecution STAYED pending the outcome of this Court’s ruling on
Relator’s petition seeking a writ to require the trial court to withdraw the ruling it
made granting Defendant’s Motion to Exclude. See Tex. R. App. P. 52.10(b). No
bond is required of Relator as a condition for the relief we have granted by this Order.
We note, however, that Relator’s petition refers to motions and to a hearing
not yet filed as an appendix in this Court. It appears this information should be
included in Relator’s appendix. See Tex. R. App. P. 52.3(k). The Court directs
Relator to file a supplemental appendix, which includes sworn copies of the docket
sheet and all documents it refers to in its Petition that it claims are material to its
argument claiming this Court should grant relief from the trial court’s order.
Relator’s appendix should include an authenticated transcript of the testimony it
claims is relevant to the claims in its petition, including any documents the parties
offered into evidence during the hearing on the Defendant’s Motion to Exclude. See
Tex. R. App. P. 52.7.
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Relator’s supplemental appendix is due May 3, 2021. The response of the Real
Party in Interest, Britton Grissom, is due ten days after Relator files a supplemental
appendix.
MOTION FOR TEMPORARY RELIEF GRANTED.
ORDER ENTERED April 22, 2021.
PER CURIAM
Before Kreger, Horton and Johnson, JJ.
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