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In re Buchheit Trucking Serv.

Court of Appeals of Texas, Fourth District, San Antonio
Sep 28, 2022
No. 04-22-00571-CV (Tex. App. Sep. 28, 2022)

Opinion

04-22-00571-CV

09-28-2022

IN RE BUCHHEIT TRUCKING SERVICE, INC.


Original Mandamus Proceeding

This proceeding arises out of Cause No. 2019CVA002071-D3, styled Rosario Camarillo-Cabello, Individually and as Next Friend of Miguel Angel Cabello v. Buchheit Trucking Service, Inc. Michael Scott French, and the Estate of Jesus Tapia, Jr., consolidated with, Jesus Tapia, III, Individually and as Wrongful Death Beneficiary and Representative of the Estate of Jesus Tapia, Jr. v. Buchheit Trucking Service, Inc., Buchheit Logistics, Inc., Scott Michael French, and Matt Miller, pending in the 341st Judicial District Court, Webb County, Texas, the Honorable Rebecca Ramirez Palomo presiding.

Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Liza A. Rodriguez, Justice

ORDER

Liza A. Rodriguez, Justice

On September 2, 2022, relator filed a petition for writ of mandamus. On September 6, 2022, relator filed an emergency motion for stay pending final resolution of the petition for writ of mandamus. On September 13, 2022, we granted relator's emergency motion and stayed the trial court's order until September 30, 2022. We also requested a response from the respondent and real parties in interest. On September 20, 2022, the real parties in interest filed a response to the petition. On September 26, 2022, relator filed a reply.

After considering the petition, the record, and the responses filed, we conclude relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). The stay imposed on September 13, 2022 is lifted. A separate opinion will follow.

It is so ORDERED.


Summaries of

In re Buchheit Trucking Serv.

Court of Appeals of Texas, Fourth District, San Antonio
Sep 28, 2022
No. 04-22-00571-CV (Tex. App. Sep. 28, 2022)
Case details for

In re Buchheit Trucking Serv.

Case Details

Full title:IN RE BUCHHEIT TRUCKING SERVICE, INC.

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Sep 28, 2022

Citations

No. 04-22-00571-CV (Tex. App. Sep. 28, 2022)