in Re John Christner Trucking, LLC and Stephen Sprague

NUMBER 13-18-00120-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE JOHN CHRISTNER TRUCKING, LLC
AND STEPHEN SPRAGUE
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Contreras and Justices Benavides and Hinojosa
Order Per Curiam
Relators John Christner Trucking, LLC and Stephen Sprague filed a petition for
writ of mandamus and motion for immediate temporary relief in the above cause on March
19, 2019. Through this original proceeding, relators contend that the trial court abused
its discretion by refusing to sever the claims of the plaintiffs and real parties in interest,
Michael Ladd, Christopher Ladd, and Stephen Bryson, as next friend of his minor son,
E.B., against their insurers, Philadelphia Indemnity Insurance Company and Trumbull
Insurance Company, for underinsured motorist claims, from the negligence claims against
relators. Through their motion for immediate temporary relief, relators seek to stay the
trial court proceedings pending resolution of this original proceeding.
The Court, having examined and fully considered the motion for immediate
temporary relief, is of the opinion that the motion should be granted. The motion for
immediate temporary relief is GRANTED and the trial court proceedings are ordered
STAYED pending further order of this Court, or until the case is finally decided. 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, Michael Ladd, Christopher
Ladd, Stephen Bryson, as next friend of his minor son, E.B., Philadelphia Indemnity
Insurance Company, and Trumbull Insurance Company, 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
21st day of March, 2019.
2