in Re Dennis W. Berry, Marvin G. Berry, Bay Inc., Berry GP, Inc. D/B/A Berry Contracting and Berry Contracting, LP D/B/A Bay Ltd

NUMBER 13-19-00100-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE DENNIS W. BERRY, MARVIN G. BERRY, BAY INC.,
BERRY GP, INC. D/B/A BERRY CONTRACTING
AND BERRY CONTRACTING, LP D/B/A BAY LTD
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Contreras and Justices Longoria and Perkes
Per Curiam Order
Relators Dennis W. Berry, Marvin G. Berry, Bay Inc., Berry GP, Inc. d/b/a Berry
Contracting and Berry Contracting, LP d/b/a Bay Ltd, filed a petition for writ of mandamus
and motion for emergency stay in the above cause on March 8, 2019. Through this
original proceeding, relators seek to compel the trial court to vacate the March 4, 2019
“Order Granting Plaintiffs’ Motion for Substituted Service of Allen L. Berry.” Through their
motion for emergency stay, relators seek to stay the March 4, 2019 order pending
resolution of this original proceeding.
The Court, having examined and fully considered the motion for emergency stay,
is of the opinion that the motion should be granted. The motion for emergency stay is
GRANTED and the trial court’s order of March 4, 2019 is 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, Kenneth L. Berry, individually
and Kenneth L. Berry in a derivative capacity for Skyeagle, Inc., 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
11th day of March, 2019.
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