Opinion
14-23-00762-CV
06-28-2024
IN RE IVY KIDS, L.L.C., Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 240th District Court Fort Bend County, Texas Trial Court Cause No. 21-DCV-285601
Panel consists of Wise, Zimmerer, and Poissant, Justices.
ORDER
PER CURIAM
On October 18, 2023, relator Ivy Kids, L.L.C. filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann. § 22.221; see also Tex.R.App.P. 52. In the petition, relator asks this Court to compel the Honorable Surendran Pattel, presiding judge of the 240th District Court of Fort Bend County, to vacate her oral denial of relator's motion to compel an independent medical examination under Texas Rule of Civil Procedure 204.
On June 26, 2024, relator filed an emergency motion to stay trial court proceedings, pending the resolution of this mandamus. In the motion, relator notes that a pretrial conference is set for July 5, 2024, and trial on the merits is set on July 23, 2024. The real parties in interest filed a response in opposition.
It appears from the facts stated in the petition and motion that relator's request for relief requires further consideration and that relators will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator's motion and issue the following order:
We ORDER the trial setting only in cause number, 21-DCV-285601, D.A. and K.A., as next friends of L.A., as next friends of L.A., a minor, STAYED until a final decision by this court on relators' petition for writ of mandamus, or until further order of this Court.