Opinion
14-24-00864-CV
11-27-2024
IN RE HOME DEPOT U.S.A., INC., Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 190th District Court Harris County, Texas Trial Court Cause No. 2024-25743
ORDER
PER CURIAM.
On November 13, 2024, relator In re Home Depot U.S.A., Inc., 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 Beau A. Miller, presiding judge of the 190th District Court of Harris County, to vacate the trial court's October 21, 2024 order denying relator's Rule 91a motion to dismiss.
This Court requested a response to relator's petition for writ of mandamus from the real parties in interest by December 12, 2024.
On November 26, 2024, relator filed a motion for temporary relief, seeking to stay all discovery and litigation in the underlying action. Relator contends that the real parties in interest have sent written discovery with responses due December 6, 2024, as well as a notice of deposition of a Senior Transportation Manager for Home Depot for January 16, 2025. Relator argues that continued discovery and proceedings place an unnecessary and unreasonable burden on relator prior to this Court's determination on the petition for writ of mandamus.
It appears from the facts stated in the petition and motion that relator's request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator's motion for temporary relief and issue the following order:
We ORDER the discovery and proceedings in the underlying Cause Number, 2024-25743, Jean Luis Alana Perozo and Carla Cristina Garcia, Individually and as Representative of the Estate of Natalio Jose Alana Garcia v. Werner Enterprises, Inc., Home Depot U.S.A., Inc., and Jawuan Oshea Smith, STAYED until a final decision by this court on relator's petition for writ of mandamus, or until further order of this Court.
Panel consists of Justices Wise, Jewell, and Poissant.