Waterstone on Lake Conroe, Inc. and Steve Bowen v. Dee Williams and Andy Williams ( 2017 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-17-00071-CV
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WATERSTONE ON LAKE CONROE, INC. AND STEVE BOWEN,
Appellants
V.
DEE WILLIAMS AND ANDY WILLIAMS, Appellees
_______________________________________________________ ______________
On Appeal from the 284th District Court
Montgomery County, Texas
Trial Cause No. 16-09-10736-CV
________________________________________________________ _____________
ORDER
On March 16, 2017, the Court stayed all further trial court proceedings and
discovery in Cause Number 16-09-10736-CV until our opinion issues in the
accelerated appeal. The appellees, Dee Williams and Andy Williams, subsequently
notified the parties and the Court that they are withdrawing their request for
disclosure to Virgin Homes, Inc. They suggest their withdrawal of the request for
disclosure will moot a related mandamus proceeding, No. 09-17-00077-CV, In re
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Virgin Homes, Inc. In response, the appellees and Virgin Homes, Inc. contend the
withdrawal of the request for disclosure cannot moot the mandamus proceeding
while the trial court’s order of February 28, 2017, remains in effect compelling
Virgin Homes, Inc. to respond to the request for disclosure.
Unless it is amended by this Court, our order of March 16, 2017, prevents the
trial court from considering the appellees’ request to withdraw their request for
disclosure and reconsidering its February 28, 2017, order compelling Virgin Homes,
Inc. to respond to the request for disclosure. See Tex. R. App. P. 29.5. After
considering the letters filed by the parties, we conclude that our order of March 16,
2017, should be amended to allow Dee Williams and Andy Williams to withdraw
their request for disclosure and to allow the trial court to amend or dissolve its order
of February 28, 2017. See id.
It is ORDERED that all further trial court proceedings and discovery in Cause
Number 16-09-10736-CV, other than proceedings to withdraw requests for
disclosure and to amend or dissolve the trial court’s order compelling responses to
requests for disclosure, are STAYED until our Opinion issues or until further order
of this Court. See Tex. R. App. P. 29.3; see also Tex. R. App. P. 29.5.
ORDER ENTERED March 21, 2017.
PER CURIAM
Before McKeithen, C.J., Kreger and Johnson, JJ.
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