in Re Mario A. Davila ( 2020 )

NUMBER 13-20-00141-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE MARIO A. DAVILA
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Contreras and Justices Longoria and Hinojosa
Order Per Curiam
Relator Mario A. Davila filed a petition for writ of mandamus and motion to stay in
the above cause on March 16, 2020. Through this original proceeding, relator seeks to
compel the trial court to vacate its orders freezing discovery. According to the petition, the
underlying matter is a bill of review proceeding, and real party in interest, Easy Way
Leisure Corporation d/b/a Easy Way Products Co. (Easy Way), has filed a traditional
motion for summary judgment against relator which is set for hearing on March 23, 2020.
By motion to stay, relator seeks to stay the trial court proceedings pending resolution of
this petition for writ of mandamus.
The Court, having examined and fully considered the motion to stay, is of the
opinion that it should be granted in part and denied in part. Accordingly, we grant the
motion to stay and order that that any hearing or ruling on Easy Way’s traditional motion
for summary judgment is stayed pending resolution of this original proceeding or further
order of this Court. 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 motion to stay
is denied as to other trial court proceedings.
The Court requests that the real party in interest, Easy Way, 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
17th day of March, 2020.
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