Opinion
13-23-00233-CV
07-12-2023
IN RE CDM CONSTRUCTORS, INC. AND CDM SMITH, INC.
On Petition for Writ of Mandamus.
Before Chief Justice Contreras and Justices Silva and Pena
ORDER
Per Curiam
Relators CDM Constructors, Inc. and CDM Smith, Inc. filed a petition for writ of mandamus through which they assert that the trial court abused its discretion by denying their motion to dismiss pursuant to Texas Rule of Civil Procedure 91a. See TEX. R. APP. P. 91a. On June 1, 2023, the Court requested that the real party in interest, the City of Weslaco, Texas (City), or any others whose interests might be directly affected by the relief sought, file a response to the petition for writ of mandamus within ten days. See TEX. R. APP. P. 52.4, 52.8.
The City has subsequently requested and received two extensions of time to file its response to the petition for writ of mandamus. This Court granted the City's first motion for extension of time until June 27, 2023, and then granted the City's second motion for extension of time until July 12, 2023. The City has now filed a third motion for extension of time seeking until July 26, 2023 to file its response to the petition for writ of mandamus. The City's third motion for extension of time is not opposed by relators. See id. R. 10.1(a)(5).
The Court, having examined and fully considered the City's third motion for extension of time, is of the opinion that it should be granted with this order. Accordingly, we grant the City's third motion for extension of time to file its response to the petition for writ of mandamus. However, the Court will look with disfavor on any further requests for extension of time absent exigent circumstances.