in Re Love Enterprises, L.L.C., Love Partnership Interests, L.P., and Kenneth A. Love ( 2015 )

NUMBER 13-15-00557-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE LOVE ENTERPRISES, L.L.C.,
LOVE PARTNERSHIP INTERESTS, L.P., AND KENNETH A. LOVE
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Valdez and Justices Rodriguez and Perkes
Order Per Curiam
Relators, Love Enterprises, L.L.C., Love Partnership Interests, L.P., and Kenneth
A. Love, filed a petition for writ of mandamus and motion for emergency relief in the above
cause on November 24, 2015. Through this original proceeding, relators seek to compel
the trial court to vacate its November 23, 2015 order denying relators’ motion to compel
the depositions of John Spellmann, individually and as executor of the estate of Velma
Spellmann, Gerald Lewis Sheehan Jr., Jane Lynn Sheehan Michaels, and Lorene H.
Koopmann. Through their emergency motion, relators seek to stay litigation and the trial
of this matter that is currently set for December 7, 2015. Real parties in interest John
Spellmann, individually and as executor of the estate of Velma Spellmann, Gerald Lewis
Sheehan Jr., Jane Lynn Sheehan Michaels, Ralph Koopmann, and Karen M. Koenig have
filed a response and objection to relators’ emergency motion for stay.
The Court, having examined and fully considered the motion for emergency relief
and the response and objection thereto, is of the opinion that the motion should be
granted. The motion for emergency relief is hereby GRANTED and the trial court
proceedings are 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 parties in interest, 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
30th day of November, 2015.
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