Opinion
14-21-00399-CV
09-22-2022
IN RE MVP TERMINALLING, LLC, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 125th District Court Harris County, Texas Trial Court Cause No. 2020-68933
Panel Consists of Justices Wise, Jewell, and Spain.
ORDER
PER CURIAM
On July 19, 2021, relator MVP Terminalling, LLC, filed a petition for writ of mandamus in this court. Relator asked this court to order the Honorable Kyle Carter, Judge of the 125th District Court, in Harris County, Texas, to set (1) vacate his March 11, 2021 order denying MVP's plea in abatement and his July 14, 2021 order denying MVP's motion for clarification and reconsideration on its plea in abatement and motion to stay; and (2) sign an order dismissing or abating the underlying suit.
On August 23, 2022, we granted MVP's requested relief and instructed the trial court to (1) issue a written order vacating its March 11, 2021, and July 14, 2021 orders and (2) issue an order dismissing the Texas case.
On September 6, 2022, real party in interest RLB Contracting, Inc. filed a motion to stay, asking this court to stay our instruction to the trial court to issue an order dismissing the Texas case until after this court has considered RLB's forthcoming motion for rehearing.
We grant RLB's motion to stay. We stay our instruction to the trial court to dismiss the Texas case pending consideration of RLB's motion for rehearing or until further order of this court.