NUMBER 13-21-00068-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI — EDINBURG
IN RE CLEAR DIAMOND, INC.
On Petition for Writ of Mandamus.
ORDER
Before Justices Benavides, Hinojosa, and Silva
Per Curiam Order
On March 4, 2021, relator Clear Diamond, Inc. filed a petition for writ of mandamus
and a motion for emergency stay in the above cause. Through this original proceeding,
relator seeks to compel the trial court to grant relator’s plea in abatement and vacate its
order denying relator’s motion to transfer venue. By emergency motion, relator seeks to
stay the underlying trial court proceedings pending resolution of its petition for writ of
mandamus.
The Court, having examined and fully considered relator’s motion for emergency
stay, is of the opinion that it should be granted. Accordingly, we grant relator’s motion for
emergency stay and we stay all trial court proceedings pending resolution of this original
proceeding. See TEX. R. APP. P. 52.10 (“Unless vacated or modified, an order granting
temporary relief is effective until the case is finally decided.”).
The Court requests that the real parties in interest, Rebeca Zapata, Individually
and as Personal Representative of and on Behalf of the Estate of Flavio Zapata,
Deceased, and as Next Friend of A.N.Z. and B.A.Z.; Estela Zapata and Sergio Zapata
Montoya, Individually and Doing Business as Openroad Transportation; and Clear Blue
Insurance Company incorrectly named as Clear Blue Insurance Corporation; 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.
PER CURIAM
Delivered and filed on the
8th day of March, 2021.
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