Opinion
13-23-00080-CV
02-28-2023
IN RE CONAR CONSTRUCTION, LLC
On Petition for Writ of Mandamus.
Before Chief Justice Contreras and Justices Longoria and Silva
ORDER
PER CURIAM
On February 27, 2023, relator Conar Construction, LLC filed a petition for writ of mandamus through which it asserts that the trial court abused its discretion by denying relator's plea in abatement under the Residential Construction Liability Act (Act) because the real party in interest failed to comply with the "Notice and Offer of Settlement" provision of the Act. See Tex. Prop. Code Ann. § 27.004. Relator has also filed a motion for emergency stay of the trial court proceedings pending the resolution of this petition for writ of mandamus.
This Court, having examined and fully considered relator's motion for emergency stay, is of the opinion that it should be granted. Accordingly, we grant the motion for emergency stay, and we order the trial court proceedings to be stayed pending the resolution of this original proceeding. 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 request the real party in interest, Adan Gonzalez, or any others whose interest may be directly affected by the relief sought, to file a response to the petition for writ of mandamus within ten days from the date of this order. See id. R. 52.4, 52.8.