NUMBER 13-15-00537-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
HARI PRASAD KALAKONDA, Appellant,
v.
SUSSER PETROLEUM OPERATING COMPANY, LLC, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 3
of Nueces County, Texas.
____________________________________________________________
NUMBER 13-15-00538-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
IN RE HARI PRASAD KALAKONDA
____________________________________________________________
On Petition for Writ of Mandamus.
____________________________________________________________
ORDER
Before Chief Justice Valdez and Justices Rodriguez and Perkes
Order Per Curiam
The underlying cause is before this Court on appeal and original proceeding. In
our cause number 13-15-00537-CV, appellant Hari Prasad Kalakonda, proceeding pro
se, appeals an order of the trial court denying arbitration for the claims between
Kalakonda and appellee, Susser Petroleum Operating Company, LLC. In our cause
number 13-15-00538-CV, Kalakonda has filed a petition for writ of mandamus seeking
to compel the trial court to require arbitration with Susser.
In the appeal, Kalakonda has filed a “Motion for Emergency Relief or in the
Alternative to Expedite Appeal.” Through this motion, Kalakonda seeks to stay the
November 17, 2015 trial of the underlying matter pending resolution of the appeal.
Alternatively, Kalakonda seeks an accelerated resolution of the appeal and requests
relief on the merits. In the original proceeding, Kalakonda similarly seeks to stay the
November 17, 2015 trial pending resolution of the merits of the petition for writ of
mandamus.
The Court, having examined and fully considered Kalakonda’s request for
emergency relief in the appeal and original proceeding, is of the opinion that said request
should be granted in these causes. Kalakonda’s motion for emergency relief is hereby
GRANTED, and the trial court proceedings, including trial scheduled for November 17,
2015, are ordered STAYED pending further order of this Court, or until the cases are
finally decided. See TEX. R. APP. P. 29.3, 52.10(b). All other relief sought by
Kalakonda’s motion for emergency relief is denied at this time.
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The Court requests that the real party in interest, Susser Petroleum Operating
Company, LLC, 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
16th day of November, 2015.
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