in Re Reba Ann Johnson and D.L. Johnson

NUMBER 13-19-00218-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE REBA ANN JOHNSON AND D.L. JOHNSON
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Contreras and Justices Longoria and Perkes
Order Per Curiam
Relators Reba Ann Johnson and D.L. Johnson filed a petition for writ of mandamus
with a request for emergency relief in the above cause on May 7, 2019. Through this
original proceeding, relators contend that the trial court abused its discretion by allowing
discovery to proceed prior to the resolution of a pending motion to dismiss filed under the
Texas Citizens Participation Act while relators are without counsel. Relators seek to stay
all trial court proceedings pending resolution of their petition for writ of mandamus. Real
party in interest, Highway Barricades and Services, LLC, has filed a response and a
supplemental response to relators’ request for emergency relief.
The Court, having examined and fully considered the relators’ request for
emergency relief and the response thereto, is of the opinion that the request should be
granted in part and denied in part. The request for emergency relief is GRANTED and
discovery in this case 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 request
is DENIED insofar as all other pending matters, including those pertaining to the
withdrawal and substitution of counsel, are not STAYED.
The Court requests that the real party in interest, Highway Barricades and
Services, LLC, 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 seven
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
7th day of May, 2019.
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