Opinion
11-24-00226-CV
08-19-2024
IN RE HDJ CONSTRUCTION, LLC
Original Mandamus Proceeding
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM
This mandamus action arises out of post-judgment proceedings in a personal injury lawsuit. The trial court has granted a motion to compel documents that was filed by Edward Madewell, who is a claimant and judgment creditor. The order at issue requires Relator HDJ Construction, LLC to produce documents relating to a post-judgment settlement in a separate lawsuit between HDJ and its insurance agents.
HDJ complains that it was never served with a request for production seeking the documents at issue, and that the order was issued without an opportunity for HDJ to make relevant objections. See Tex. R. Civ. P. 192.1, 621a. Likewise, HDJ complains that the order was rendered without notice or hearing. HDJ also complains that the trial court has set a hearing on Madewell's request for a turnover order even though enforcement of the judgment was stayed after HDJ filed a supersedeas bond and net worth affidavit. See Tex. R. App. P. 24.1(f), .2(c).
HDJ asks us to issue an emergency stay of the order on the motion to compel and the hearing on the motion for a turnover order while the mandamus action is pending.
Because this court needs sufficient time to review the merits of HDJ's emergency motion, we issue a temporary stay, effective immediately. Enforcement of the trial court's order of August 8, 2024 compelling the production of documents is stayed until further notice. Additionally, the hearing on plaintiff's motion for a turnover order that is currently set for September 19, 2024 is stayed until further notice. This stay order is limited in time. The motion for emergency stay will be revisited by this court after it has reviewed the merits of the motion and any response filed by Madewell.
We do not stay other proceedings in the trial court. Specifically, this order does not directly affect proceedings relating to Plaintiff's Notice of Intent to Contest Defendant's Net Worth. The trial court may, in its discretion, proceed with a hearing contesting the net worth affidavit. However, in no event should HDJ or any other person or entity be compelled to produce the documents that are the subject of this mandamus action until further notice from this court.
We request that Madewell file a response to HDJ's emergency motion for stay on or before September 9, 2024.