Opinion
13-23-00437-CV
10-17-2023
IN RE BOERNE HOTEL, LTD. D/B/A THE BEVY HOTEL, BOERNE HOTELGENERAL PARTNER, LLC, AND PHOENIX HOSPITALITY BOERNE, LLC
On Petition for Writ of Mandamus.
Before Chief Justice Contreras and Justices Silva and Pena
ORDER
Per Curiam
Relators Boerne Hotel, Ltd. d/b/a The Bevy Hotel, Boerne Hotel General Partner, LLC, and Phoenix Hospitality Boerne, LLC have filed a petition for writ of mandamus and an emergency motion for immediate temporary relief in the above-referenced cause number. By petition for writ of mandamus, relators contend that the trial court abused its discretion by imposing improper requirements for a medical examination. See TEX. R. CIV. P. 204.1. By emergency motion for immediate temporary relief, relators seek to stay all underlying proceedings, including the medical examination scheduled to occur on October 19, 2023, and the jury trial that is currently set to commence on November 13, 2023, pending the resolution of this original proceeding.
The Court, having examined and fully considered the emergency motion for immediate temporary relief, is of the opinion that it should be granted. Accordingly, we grant the emergency motion for immediate temporary relief, and we order the underlying proceedings, including the medical examination and jury trial, to be stayed. See TEX. R. APP. P. 52.10(b). We request the real parties in interest, Leticia and Jorge Peña, or any others whose interest would be directly affected by the relief sought, including but not limited to Alamo System Industries, LLC and Clemente Alfaro d/b/a Alfaro's Carpeting, to 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.