Opinion
13-24-00554-CV
11-07-2024
IN RE FRIES RESTAURANT MANAGEMENT, LLC, FIREBRAND PROPERTIES, LP, FRITZ MANAGEMENT, LLC, AND SUN HOLDINGS, LLC
ON PETITION FOR WRIT OF MANDAMUS
Before Longoria, Tijerina, and Peña, Justices.
ORDER
PER CURIAM
Relators Fries Restaurant Management, LLC; Firebrand Properties, LP; Fritz Management, LLC; and Sun Holdings, LLC have filed a petition for writ of mandamus asserting that the trial court erred by denying their motion to designate a responsible third party. See TEX. CIV. PRAC. & REM. CODE ANN. § 33.004. Relators have also requested temporary relief to stay the underlying proceedings because the trial in this matter is set to commence on November 12, 2024.
The Court, having examined and fully considered request for temporary relief, is of the opinion that it should be granted. We grant the request for temporary relief, and we order the trial court proceedings to be stayed pending the resolution of this petition for writ of mandamus or further order of this Court. See TEX. R. APP. P. 52.10 ("Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided.").
The Court requests the real party in interest, Jose Leyva, or any others whose interest may be affected by the relief sought, to file a response to the petition for writ of mandamus on or before the expiration of ten days from the date of this order. See id. R. 52.2, 52.4, 52.8.