Opinion
14-21-00495-CV
09-10-2021
IN RE CHEFS' PRODUCE OF HOUSTON, INC., AND MARIO ALBERTO RANGEL, Relators
ORIGINAL PROCEEDING WRIT OF MANDAMUS 151st District Court Harris County, Texas Trial Court Cause No. 2019-48529
Panel consists of Justices Wise, Bourliot, and Zimmerer.
ORDER
PER CURIAM
On September 2, 2021, relators Chefs' Produce of Houston, Inc., and Mario Alberto Rangel 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 Mike Englehart, presiding judge of the 151st District Court of Harris County, to vacate its July 27, 2020 Order granting Plaintiff's Motion to Strike and its July 19, 2021, Order denying Defendants' Motion for Reconsideration. Relators contend the trial court abused its discretion by striking the counter-affidavit Benny Sanchez, M.D. and excluding his testimony, particularly given the Texas Supreme Court's recent holding in In re Allstate Indemnity Co., 622 S.W.3d 870, 876-77 (Tex. 2021) (orig. proceeding) (confirming the requirements for a section 18.001 counter-affidavit).
On September 3, 2021, relators filed a motion for emergency relief, requesting a stay of the September 20, 2021, trial setting of this matter during the pendency of the mandamus proceeding.
It appears from the facts stated in the petition that relators' request for relief requires further consideration and that relators will be prejudiced unless immediate temporary relief is granted. See Tex. R. App. p. 52.8(b), 52.10. We therefore GRANT relators' motion and issue the following order:
We therefore ORDER that the September 20, 2021, trial setting in the 151st Judicial District Court of Harris County, Texas, Cause Number 2019-48529, styled Antonio Estrada v. Chefs' Produce of Houston, Inc., and Mario Alberto Rangel, is STAYED until final decision by this Court of relators' petition for writ of mandamus, or until further orders of this Court.
In addition, the court requests real party in interest, to file a response to the petition for writ of mandamus on or before September 24, 2021. See Tex. R. App. P. 52.4.