Caroline Buswell v. the GWSPI Company, LLC, as Successor in Interest to Wilmington Trust, NA, Trustee of the Jeffrey P. Blanchard 2013 Family Trust , 511 S.W.3d 256 ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
DISSENTING OPINION
No. 04-15-00398-CV
Caroline BUSWELL,
Appellant
v.
The GWSPI Company, LLC, as Successor in Interest to Wilmington Trust, NA, Trustee of the d
THE GWSPI COMPANY, LLC, as Successor in Interest to Wilmington Trust, NA, Trustee of
the Jeffrey P. Blanchard 2013 Family Trust,
Appellee
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2015-CI-06197
Honorable David A. Canales, Judge Presiding
DISSENT TO ORDER GRANTING APPELLANT’S EMERGENCY MOTION TO STAY
Dissenting Opinion by: Rebeca C. Martinez, Justice
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: July 10, 2015
I dissent to the panel’s granting of appellant’s Emergency Motion to Stay, which stayed all
further proceedings, including discovery, at the trial court level. An interlocutory appeal is
available only in limited circumstances. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)
(West 2015). Section 51.014 provides that an interlocutory appeal may be brought after the denial
of a special appearance, but the statute does not provide a stay of anything but the trial pending
resolution of the appeal. See id. § 51.014(a)(7), (b). Appellant relies on Oryx Capital Int’l, Inc. v.
Sage Apartments, L.L.C., 167 S.W.3d 432, 437 (Tex. App.—San Antonio 2005, no pet.), in an
Dissenting Opinion 04-15-00398-CV
attempt to work around subsection 51.014(b), but that reliance is misplaced because Oryx
contained circumstances not present in the case before us. Therefore, I do not believe
circumstances exist that would support this court imposing a stay beyond that expressly authorized
by subsection 51.014(b).
Rebeca C. Martinez, Justice
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