Opinion
01-23-00860-CV
05-07-2024
In re Leo Lapuerta, M.D., F.A.C.S., and The Plastic Surgery Institute of Southeast Texas, P.A.
113th District Court of Harris County, Trial court case number: 2018-28993
ORDER
Amparo Monique Guerra, Judge
Relators Leo Lapuerta, M.D., F.A.C.S., and The Plastic Surgery Institute of Southeast Texas, P.A. filed a petition for a writ of mandamus challenging the trial court's September 1, 2023 order granting new trial in the underlying trial court case. On April 30, 2024, relators filed an "Unopposed Motion for Immediate Temporary Relief." In their motion, relators request that the Court stay the May 20, 2024 trial setting in the underlying trial court case pending this Court's resolution of relators' petition for writ of mandamus.
Relators state that a stay of the trial setting is necessary to "maintain the status quo among the parties and the trial court," and to "prevent the issues presented [in the mandamus petition] from becoming moot." Accordingly, relators request that the Court "issue an order staying the May 20, 2024 new trial setting, including all pretrial proceedings" pending this Court's resolution of the mandamus petition.
Relators' motion further states that real party in interest, Jose Torres, "does not oppose the temporary relief requested." See Tex. R. App. P. 10.1(a)(5), 10.3(a)(2).
Relators' "Unopposed Motion for Immediate Temporary Relief" is granted. The May 20, 2024 trial setting, and "all pretrial proceedings" in trial court case number 2018-28993, are stayed. This stay shall remain in effect until further order of this Court or disposition of relators' petition for writ of mandamus. This order does not stay, or otherwise alter, any other proceedings or deadlines in the underlying trial court case.
It is so ORDERED.