Opinion
NUMBER 13-19-00177-CV
04-24-2019
IN RE SERVICE CORPORATION INTERNATIONAL AND SCI TEXAS FUNERAL SERVICES, LLC (SUCCESSOR-IN-INTEREST TO SCI TEXAS FUNERAL SERVICES, INC.) D/B/A BUENA VISTA BURIAL PARK AND D/B/A FUNERARIA DEL ANGEL BUENA VISTA
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Contreras and Justices Benavides and Hinojosa
Per Curiam Order
In this original proceeding, relators Service Corporation International and SCI Texas Funeral Services, LLC (successor-in-interest to SCI Texas Funeral Services, Inc.) d/b/a Buena Vista Burial Park and d/b/a Funeraria del Angel Buena Vista contend that the trial court erred by compelling pre-arbitration depositions that are outside the proper scope of pre-arbitration discovery. This Court previously granted relators' opposed emergency motion and ordered the discovery orders at issue in this case to be stayed pending further order of this Court. See TEX. R. APP. P. 52.10(b) ("Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided."). We requested that real party in interest, Maria Ruiz, or any others whose interest would be directly affected by the relief sought, file a response to the petition for writ of mandamus. See TEX. R. CIV. P. 52.2, 52.4, 52.8. Ruiz and the respondent in this case, the Honorable Arturo Cisneros Nelson, filed responses to the petition.
The respondent urges, in part, that mandamus is premature because he "was not given a chance to exercise . . . discretion for limited discovery" and he has been prevented from "fully exercising [his] discretion by signing orders, which orders are necessary to support a mandamus review."
The record before the Court includes one written order pertaining to discovery signed on September 22, 2017. The remainder of the discovery rulings at issue are oral. In this regard, mandamus may be based on an oral ruling. See In re Nabors, 276 S.W.3d 190, 192 n.3 (Tex. App.—Houston [14th Dist.] 2009, orig. proceeding); In re Bill Heard Chevrolet, Ltd., 209 S.W.3d 311, 314 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding); In re Bledsoe, 41 S.W.3d 807, 811 (Tex. App.-Fort Worth 2001, orig. proceeding). However, the ruling must be clear, specific, enforceable, and adequately shown by the record. In re State ex rel. Munk, 448 S.W.3d 687, 690 (Tex. App.-Eastland 2014, orig. proceeding); In re Bledsoe, 41 S.W.3d at 811.
Given the foregoing, we abate and remand this original proceeding. We lift the stay previously imposed in this matter for the limited purpose of providing the respondent with an opportunity to fully exercise his discretion and prepare and sign any written orders necessary pertaining to the discovery at issue here. Relators shall file a supplemental record which includes the additional rulings on remand. The supplemental record is due within fourteen days from the date of this order. This proceeding will then be reinstated on further order of this Court.
IT IS SO ORDERED.
PER CURIAM Delivered and filed the 24th day of April, 2019.