NUMBER 13-14-00023-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE H.E.B. GROCERY COMPANY, L.P.
On Petition for Writ of Mandamus
and Motion for Emergency Relief.
ORDER
Before Justices Rodriguez, Garza, and Perkes
Per Curiam Order
On January 13, 2014, H.E.B. Grocery Company, L.P., filed a petition for writ of
mandamus and a motion to stay the trial court proceedings pending resolution of the
petition. Through this original proceeding, relator contends that the trial court abused its
discretion in ordering the production of incident reports in the underlying personal injury
lawsuit.
By the motion to stay, relator seeks to stay all trial court proceedings, including
discovery, depositions, and hearings, pending resolution of this cause. The Court,
having examined and fully considered the motion to stay, is of the opinion that the
motion should be granted in part and denied in part. The motion to stay is GRANTED
insofar as the trial court’s orders of January 9, 2014, that is, the “Order Granting
Plaintiff’s Second Motion to Compel” and the “Order Granting Defendant’s Motion to
Reconsider [Order] on Plaintiff’s Motion to Compel and for an In-Camera Inspection,”
pertaining to the production of discovery, 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 motion to stay is DENIED insofar as it seeks to stay all other trial
court proceedings.
The Court requests that the real party in interest, Daniel Rodriguez, by and
through counsel, 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. 52.4, 52.8.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
14th day of January, 2014.
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