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TEXAS WRECKER SERVICE v. RESENDEZ, 13-16-00515-CV. (2017)

Court: Court of Appeals of Texas Number: intxco20170131749 Visitors: 12
Filed: Jan. 30, 2017
Latest Update: Jan. 30, 2017
Summary: ORDER PER CURIAM . In cause number 13-16-00515-CV, Norma Rivera, Ralph Rivera, and Texas Wrecker Service have appealed a temporary injunction. In cause number 13-16-00698-CV, they have filed a petition for writ of mandamus contending that the trial court erred in refusing to dismiss the underlying case for want of prosecution. These parties have now filed an "Expedited Motion for Stay of Trial Court Proceedings Pending Interlocutory Appeal and Original Proceeding" in each of the foregoing c
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ORDER

In cause number 13-16-00515-CV, Norma Rivera, Ralph Rivera, and Texas Wrecker Service have appealed a temporary injunction. In cause number 13-16-00698-CV, they have filed a petition for writ of mandamus contending that the trial court erred in refusing to dismiss the underlying case for want of prosecution.

These parties have now filed an "Expedited Motion for Stay of Trial Court Proceedings Pending Interlocutory Appeal and Original Proceeding" in each of the foregoing causes. According to this motion, the appellees and real parties in interest, D. L. Resendez and R. Schalman d/b/a Apollo Towing and Easy Rider Wrecker Service, have filed two motions in the trial court: (1) one motion to transfer the underlying case to a district court in which a related case is pending; and (2) one motion to revise the temporary injunction that is subject to appeal. Appellants and relators seek to stay all trial court proceedings, including any hearing or action on these motions, pending resolution of the interlocutory appeal and petition for writ of mandamus.

The Court, having examined and fully considered the expedited motion, is of the opinion that it should be granted. Accordingly, we GRANT the "Expedited Motion for Stay of Trial Court Proceedings Pending Interlocutory Appeal and Original Proceeding" and ORDER all trial court proceedings stayed pending further order of this Court or resolution of these matters.

IT IS SO ORDERED.

FootNotes


1. Justice Dori Contreras, formerly Dori Contreras Garza. See TEX. FAM. CODE ANN. § 45.101 et seq. (West, Westlaw through 2015 R.S.).
Source:  Leagle

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