in Re Ernest Perry

NUMBER 13-18-00676-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE ERNEST PERRY
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Valdez and Justices Contreras and Benavides
Order Per Curiam
Relator Ernest Perry filed a petition for writ of mandamus and emergency motion
for stay in this cause on December 13, 2018. Through this original proceeding, Perry
seeks to compel the deposition of a corporate representative of State Farm Mutual
Automobile Insurance Company in the underlying uninsured/underinsured motorist case.
By emergency motion, relator seeks to stay the trial of this case which is scheduled to
commence on January 7, 2019.
The Court, having examined and fully considered the emergency motion for stay,
is of the opinion that it should be granted. Accordingly, we grant the emergency motion
for stay and we order the trial of this case, presently set for January 7, 2019, to be stayed
pending further order of the Court or 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 party in interest, State Farm Mutual Automobile
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.
PER CURIAM
Delivered and filed the
14th day of December, 2018.
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