NUMBER 13-20-00395-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE CASTINE MCILHARGEY AND JODY
MCINTYRE, INDIVIDUALLY AND DERIVATIVELY
ON BEHALF OF A+ PRO RECOVERY, LLC
On Petition for Writ of Mandamus.
ORDER
Before Justices Benavides, Hinojosa, and Tijerina
Order Per Curiam
Relators Castine McIlhargey and Jody McIntyre, individually and derivatively on
behalf of A+ Pro Recovery, LLC filed a petition for writ of mandamus and an opposed
emergency motion to stay trial court proceedings in the above referenced cause on
September 16, 2020. The relators contend that the trial court has abused its discretion by
failing to rule on their motion to compel arbitration and by proceeding to litigate the
underlying dispute.
The Court, having examined and fully considered the opposed emergency motion,
is of the opinion that it should be granted. Accordingly, we GRANT the opposed
emergency motion and ORDER all trial court proceedings to be STAYED pending further
order of this Court. See TEX. R. APP. P. 52.10.
The Court requests that the real parties in interest, Jason Rios, South Padre
Towing and Recovery, LLC, Eduardo Pena, Joanna Pena, and Erik M. Hager, 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 seven 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
17th day of September, 2020.
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