COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
Linda S. Restrepo and Carlos E. Restrepo, '
d/b/a Collectively RDI Global Services and No. 08-13-00183-CV
R & D International, '
Appeal from the
Appellants, '
County Court at Law No 5
v. '
of El Paso County, Texas
'
Alliance Riggers & Constructors, Ltd.,
' (TC# 2012DCV04523)
Appellee.
ORDER
Pending before the Court is a motion filed by Appellee, Alliance Riggers & Constructors,
Ltd., to lift the stay order or grant a protective order. On July 17, 2013, the Court granted
Appellants’ motion for a stay and ordered that the trial court stay all proceedings in the case below.
Alliance Riggers asserts in its motion that Appellants have continued to engage in discovery
following the entry of the stay order. Appellants state in their response that they intended to
request a stay of only the commencement of a trial pursuant to Section 51.014(b) of the Texas Civil
Practice and Remedies Code. Section 51.014 provides that an interlocutory appeal of an order
granting or denying a special appearance stays the commencement of a trial pending resolution of
the appeal. See TEX.CIV.PRAC. & REM.CODE ANN. §51.014(a)(7), (b)(West Supp. 2012). An
appeal of such an order does not result in an automatic stay of all proceedings in the case.
TEX.CIV.PRAC. & REM.CODE ANN. §51.014(b).
1
Given the parties’ objections to a stay of all proceedings in the case below, the Court finds
it necessary to modify the stay previously entered in this case. We therefore GRANT Alliance
Riggers’ motion in part and lift the stay insofar as it stayed all proceedings in the case below.
Pursuant to Section 51.014(b), it is ORDERED that the commencement of any trial in the case
below is stayed pending resolution of this appeal. TEX.CIV.PRAC. & REM.CODE ANN. §51.014(b).
The Court DENIES Alliance Riggers’ motion for a protective order.
IT IS SO ORDERED this 17th day of September, 2013.
PER CURIAM
Before McClure, C.J., Rivera and Rodriguez, JJ.
(Rivera, not participating)
2