in Re Leticia Guerrero Garza, Administrator of the Estate of Jorge Luis Garza ( 2022 )

NUMBER 13-22-00483-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE LETICIA GUERRERO GARZA, ADMINISTRATOR OF THE
ESTATE OF JORGE LUIS GARZA, DECEASED
On Petition for Writ of Mandamus.
ORDER
Before Justices Longoria, Hinojosa, and Silva
Order Per Curiam
By petition for writ of mandamus, relator Leticia Guerrero Garza, Administrator of
the Estate of Jorge Luis Garza, Deceased, contends that: (1) the trial court abused its
discretion when it refused to sign the parties’ proposed order granting nonsuit or
otherwise refused to issue an order granting nonsuit; and (2) the trial court abused its
discretion by refusing to dismiss the underlying cause because the Hidalgo County
Probate Court possesses exclusive jurisdiction over the relief requested in the underlying
proceeding. By motion for emergency temporary relief, relator asks the Court to stay all
pretrial and trial proceedings pending the resolution of this original proceeding.
This Court, having examined and fully considered the relator’s motion for
emergency temporary relief, is of the opinion that it should be granted. Accordingly, we
grant the relator’s motion for emergency temporary relief and order the trial court
proceedings to be stayed pending further order of this Court, or until this case is finally
decided. See TEX. R. APP. P. 52.10(b). The Court requests that the real party in interest,
Daniela Montes, 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.
PER CURIAM
Delivered and filed on the
13th day of October, 2022.
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