Opinion
NUMBER 13-16-00020-CV
01-14-2016
IN RE FRANK A. SMITH SALES, INC. D/B/A FRANK SMITH TOYOTA
On Petition for Writ of Mandamus and Relator's Emergency Motion for Temporary Relief
ORDER
Before Justices Garza, Perkes, and Longoria
OrderPer Curiam
Relator Frank A. Smith Sales, Inc. d/b/a Frank Smith Toyota has filed a petition for writ of mandamus contending that the Honorable Juan Partida, presiding judge of the 275th Judicial District Court of Hidalgo County, Texas, abused his discretion, leaving relator without an adequate appellate remedy, by (1) failing to rule on relator's motion to compel arbitration and (2) ordering the parties to participate in mediation on or before February 14, 2016. Relator has also filed an emergency motion for temporary relief asking us to impose a stay of the trial court proceedings until such time as we may fully consider the petition for writ of mandamus.
Having reviewed relator's petition and emergency motion for temporary relief, we hereby GRANT the request for temporary relief and ORDER that all underlying proceedings in trial court cause number C-7064-14-E, including the aforementioned mediation order, are STAYED until further order of this Court. See TEX. R. APP. P. 52.10(b). Further, we ORDER real party in interest Rosalba E. Danek to file any response to the petition for writ of mandamus with this Court on or before Friday, January 29, 2016.
IT IS SO ORDERED.
PER CURIAM Order delivered and filed the 14th day of January, 2016.