Opinion
04-23-00248-CV
08-08-2023
IN RE BURGE-MARTINEZ CONSULTING INC., Gibran Talamas, and State Farm Mutual Automobile Insurance Company
This proceeding arises out of Cause No. 2022-CI-05467, styled Qadar Khil Selab and Sakhi Jan Dawar Jans v. Burge-Martinez Consulting, Inc., and Gibran Talamas, pending in the 224th Judicial District Court, Bexar County, Texas, the Honorable Mary Lou Alvarez presiding.
Sitting: Patricia O. Alvarez, Justice, Irene Rios, Justice Beth Watkins, Justice
ORDER
PER CURIAM
On March 17, 2023, relators filed a petition for writ of mandamus, and on March 23, 2023, relators filed a motion for stay pending the final resolution of the petition for writ of mandamus. On April 14, 2023, we granted a stay of all trial court proceedings pending further order of this court, including (1) staying the trial court's November 30, 2022 order, entitled "Order Granting Plaintiffs' Motion for In-Camera Inspection," wherein the trial court overruled relators' privilege objections to withheld documents and turned over relators' withheld documents to the real parties in interest, and (2) ordering real parties in interest to immediately return to respondent the entire claim file. Furthermore, we provided respondent and real parties in interest an opportunity to file a response to the petition for writ of mandamus in this court. After a series of motions requesting extensions of time to file their response, we granted real parties in interest's amended third unopposed motion for extension of time to file their response on or before July 28, 2023. No response has been filed.
On July 28, 2023, real parties in interest filed their unopposed motion to abate requesting we abate this original mandamus proceeding for fourteen days to "finalize the terms of [the parties'] resolution" "of all the issues in this original proceeding," "and execute documents reflecting the same." See Tex. R. App. P. 42.1(a)(2)(C). Real parties in interest represent that at the end of the fourteen days, the parties will "jointly advise [this] Court as to the status of the case and the appropriate disposition."
Accordingly, we ABATE the case for fourteen days from the date of this order to allow the parties to finalize their agreement and execute any necessary documents memorializing same. After the expiration of fourteen days from the date of this order, realtors and real parties in interest are further ORDERED to file with this court a status report of their agreement and "appropriate disposition" of this original mandamus proceedings dependent upon the parties' agreement.
It is further ORDERED that, if after fourteen days from the date of this order, the parties fail to reach a final agreement or fail to file the status report ordered above, the original mandamus proceeding will be reinstated. Any request from real parties in interest to file a late response at that time will be DENIED.
It is so ORDERED.