NUMBER 13-16-00074-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
MASTERCRAFT BOAT COMPANY, LLC, Appellant,
v.
REBECCA CHAMBERS, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 3
of Nueces County, Texas.
____________________________________________________________
ORDER
Before Justices Benavides, Perkes, and Longoria
Order Per Curiam
Appellant Mastercraft Boat Company, LLC, (“Mastercraft”) has filed an
emergency motion for temporary order staying trial court proceedings during the
pendency of its appeal of an order denying its special appearance. In the trial court,
Mastercraft sought to stay the trial and related proceedings, and the trial court
stayed the trial but denied the request to stay any other trial court proceedings.
Mastercraft asserts that the deadlines to designate experts, to complete discovery
and amend pleadings, and to have summary judgments heard are rapidly
approaching. It asserts that without a stay, it “will be forced to incur substantial
costs . . . in order to meet these deadlines on merits-related issues while this
Court determines whether the trial court even has jurisdiction . . . .”
Under section 51.014 of the civil practice and remedies code, an
interlocutory appeal of an order denying a special appearance stays the
commencement of a trial in the trial court pending resolution of the appeal. See
T EX. CIV . P RAC . & REM . C ODE A NN. § 51.014(b) (West, Westlaw through 2015 R.S.).
The stay set forth in section 51.014 is mandatory and allows no room for
discretion. In re Texas Educ. Agency, 441 S.W.3d 747, 750 (Tex. App.—Austin
2014, no pet.); Waite v. Waite, 76 S.W.3d 222, 223 (Tex. App.—Houston [14th
Dist.] 2002, no pet.); Sheinfeld, Maley & Kay, P.C. v. Bellush, 61 S.W.3d 437, 439
(Tex. App.—San Antonio 2001, no pet.). Section 51.014 further provides for a
stay of “all other proceedings in the trial court” for several categories o f
interlocutory appeals, but does not require a stay of all other proceedings in the
trial court for orders granting or denying special appearances. See T EX . CIV .
P RAC . & REM. C ODE A NN. § 51.014(b). Nevertheless, this Court has discretion to
make any temporary order necessary to preserve the parties’ rights until
disposition of an appeal from an interlocutory order. See T EX. R. A PP . P. 29.3.
The Court, having examined and fully considered appellant’s emergency
motion for temporary order, is of the opinion that it should be granted.
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Accordingly, we GRANT the motion and ORDER all proceedings in t h e trial court t o
b e STAYED pending resolution of this appeal or until further order of this Court. See
id.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
18th day of April, 2016.
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