in Re Hector L. Rodriguez ( 2016 )

NUMBER 13-16-00411-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE HECTOR L. RODRIGUEZ
On Petition for Writ of Mandamus.
ORDER
Before Justices Rodriguez, Benavides, and Perkes
Per Curiam Order
Relator, Hector L. Rodriguez, filed a petition for writ of mandamus and motion for
emergency temporary relief in the above cause on July 18, 2016. Through this original
proceeding, relator contends, inter alia, that the trial court abused its discretion by striking
relator’s counter-petition and original petition and denying his motion for a mistrial, and
further abused its discretion by denying relator a jury trial on reasonable attorney’s fees.
Through his motion for emergency temporary relief, relator seeks to stay the trial of this
matter pending resolution of this original proceeding. The real party in interest, Tamara
L. Rodriguez, has filed a response in opposition to the motion for emergency temporary
relief.
The Court, having examined and fully considered the motion for emergency
temporary relief and the response, is of the opinion that the motion should be granted.
The motion for emergency temporary relief is GRANTED and the trial of this matter, set
to resume on July 25, 2016, is 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, Tamara Rodriguez, or any others
whose interest would be directly affected by the relief sought, 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
19th day of July, 2016.
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