NUMBER 13-14-00423-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE GREATER MCALLEN STAR PROPERTIES, INC., MARILYN
HARDISON, JASEN HARDISON, AND CHRISTOPH MORRIS
On Petition for Writ of Mandamus
and Emergency Motion to Stay District Court Proceedings.
ORDER
Before Chief Justice Valdez and Justices Perkes and Longoria
Order Per Curiam
Relators, Greater McAllen Star Properties, Inc., Marilyn Hardison, Jasen Hardison,
and Christoph Morris, filed a petition for writ of mandamus and emergency motion to stay
district court proceedings in the above cause on July 28, 2014. Through two issues,
relators seek to set aside an order compelling discovery. Specifically, relators contend:
(1) the trial court abused its discretion by compelling relators to respond to discovery while
refusing to hear relators’ motion for summary judgment attempting to dispose of claims
that are groundless “on their face;” and (2) the real party in interest, Nicole Morris, must
“re-propound” discovery which she sent before complying with Texas Rule of Civil
Procedure 47. See TEX. R. CIV. P. 47 (providing that a party whose petition fails to specify
the range of monetary relief sought “may not conduct discovery until the party’s pleading
is amended to comply”).
The Court, having examined and fully considered the emergency motion to stay,
is of the opinion that said motion should be granted. The emergency motion to stay district
court proceedings is hereby 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 party in interest, Nicole Morris, 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
28th day of July, 2014.
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