in Re Texas Department of Transportation ( 2021 )

NUMBER 13-21-00214-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE TEXAS DEPARTMENT OF TRANSPORTATION
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Contreras and Justices Benavides and Tijerina
Order Per Curiam
On July 12, 2021, relator Texas Department of Transportation filed a petition for
writ of mandamus and an opposed motion for emergency stay in the above-referenced
cause. Through this original proceeding, relator seeks to compel the trial court to vacate
its order of June 23, 2021, compelling relator to produce Pavement Management
Information System data, including skid testing data. See 23 U.S.C. § 409 (governing the
discovery and admission as evidence of certain reports and surveys regarding highway
safety). By opposed motion for emergency stay, relator seeks to stay the order of June
23, 2021, requiring relator to produce the data.
The Court, having examined and fully considered the opposed motion for
emergency stay, is of the opinion that the motion should be granted. Accordingly, we
grant the relator’s opposed motion for emergency stay, and we order the trial court’s
“Order Granting Plaintiffs’ Motion to Compel,” signed on June 23, 2021, to be stayed
pending resolution of this original proceeding. 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, Tanya Simpson, individually
and as representative of the estate of Floyd Simpson and as next friend of J.A.S.; Amber
Simpson; and Lauren Dior Simpson; 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 July, 2021.
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