in Re Stephanie Rios ( 2015 )

ACCEPTED
04-15-00557-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
9/4/2015 7:00:05 PM
KEITH HOTTLE
CLERK
04-15-00557-CV
No. ______________ FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
9/4/2015 7:00:05 PM
IN THE COURT OF APPEALS KEITH E. HOTTLE
Clerk
FOR THE FOURTH DISTRICT OF TEXAS
SAN ANTONIO, TEXAS
In Re Stephanie Rios, Relator
Original Proceedings from the County Court at Law,
Sitting as a Probate Court, Starr County, Texas
The Honorable Romero Molina Presiding
From Cause No. PR-14-016
Emergency Motion to Abate Further
Proceedings and to Preserve the Docket Control Order
Flor E. Flores
THE LAW FIRM OF FLOR E. FLORES, PLLC
700 N. Flores St., Ste. E
Rio Grande City, Texas 78582
Tel: (956)263-1786
Fax: (956)263-1750
Email: ffloreslaw@gmail.com
Attorney for Stephanie Rios, Relator
NO. _______________________
IN RE STEPHANIE RIOS, §
§
Relator §
§ Fourth Court of Appeals
County Court at Law, sitting as a § San Antonio, Texas
Probate Court and Hon. Romero Molina, §
§
Respondent §
EMERGENCY MOTION TO ABATE FURTHER
PROCEEDINGS AND TO PRESERVE THE DOCKET CONTROL ORDER
TO THE HONORABLE JUSTICES OF SAID COURT:
COMES NOW, STEPHANIE RIOS, Relator herein, and moves this Court
to abate all further proceedings in the County Court at Law, sitting as a Probate
Court, of Rio Grande City, Starr County, Texas in Cause No. PR-14-16, styled In
the Estate of Artemio Rios, and to preserve the Docket Control Order signed on July
23, 2015, and for cause of action will show unto this Court as follows:
STEPHANIE RIOS has filed a Petition for Writ of Mandamus at the same
time as the filing of this motion with his Honorable Court, requesting the issuance
of a writ directing the Honorable Romero Molina, County Court at Law, sitting as a
Probate Court, to vacate its order entered in Cause No. PR-14-16 on September 1,
2015, ordering Relator, her biological brother Artemio Rios, Jr. and a non-party
Hugo Alaniz, Jr. to make themselves available for depositions on or before
September 10, 2015.
Furthermore, Relator requests that this Court issue a writ abating the any
further proceedings in Cause No. PR-14-16, including the trial scheduled for
September 17, 2015 at 9:30 a.m., until this Court rules on Relator’s Petition for Writ
of Mandamus.
Relator further requests that this Court preserve the Docket Control Order
entered by the County Court at Law on July 23, 2015 in Cause No. PR-14-16, and
preserve all of the deadlines imposed on said Order, prohibiting Real Party in Interest
from engaging in discovery, including, but not limited to noticing depositions. Said
Docket Control Order was entered by Relator and Real Party in Interest by
agreement, after several resets were requested by Real Party in Interest and granted
by the trial court over Relator’s objections. Said Docket Control Order was
specifically entered to avoid further delays and avoid any more requests for
continuances by Real Party in Interest, after Real Party in Interest had had ample and
sufficient time to conduct discovery in this case. Said docket control order further
set a deadline to complete discovery thirty (30) days before trial, as per the Texas
Rules of Civil Procedure.
WHEREFORE, PREMISES CONSIDERED, STEPHANIE RIOS,
Realtor herein, prays that this Court vacate the September 1, 2015 order, abate the
depositions to be taken on or before September 10, 2015, abate the trial scheduled
for September 17, 2015, and abate any and all other further proceedings before the
County Court at Law of Rio Grande City, Starr County, Texas in Cause No. PR-14-
16, and for any and all other relief, in law or in equity, to which Relator may be
justly entitled to.
Respectfully Submitted,
/S/FLOR E. FLORES
Flor E. Flores
State Bar No. 24065235
THE LAW FIRM OF FLOR E. FLORES, PLLC
700 N. Flores St., Ste. E
Rio Grande City, Texas 78582
Tel: (956)263-1786
Fax: (956)263-1750
Email: ffloreslaw@gmail.com
Attorney for Stephanie Rios, Relator
CERTIFICATE OF SERVICE
I, Flor E. Flores, certify that on this the 4th day of September, 2015, I served,
with prior notice, a copy of this Motion to Abate Further Proceedings and to
Preserve the Docket Control Order, to all required parties as per the Texas Rules of
Civil Procedure and Texas Rules of Appellate Procedure, as follows:
VIA CMRRR NO:
Hon. Romero Molina
504 N. Britton Ave.
Rio Grande City, Texas 78582
VIA ELECTRONIC MAIL: gilberto@gilbertofalconlaw.com
Gilberto Falcon
THE LAW OFFICE OF GILBERTO FALCON, PLLC
320 Lindberg Ave.
McAllen, Texas 78501
Attorney for Real Party in Interest Maria Adriana Flores
VIA ELECTRONIC MAIL: robieflores@att.net
Roel “Robie” Flores
FLORES ATTORNEYS AT LAW
3331 N. Ware Rd.
McAllen, Texas 78501
Attorney for Real Party in Interest Maria Adriana Flores
VIA ELECTRONIC MAIL: garzalawoffice@aol.com
Minerva Garza
LAW OFFICE OF BALDEMAR GARZA AND MINERVA GARZA, PLLC
200 East Second Street
Rio Grande City, Texas 78582
Attorney Ad Litem for Unknown Heir of Artemio Rios, Deceased
/S/FLOR E. FLORES