Opinion
NO. 14-16-00244-CV
04-07-2016
IN RE L & M BOTRUC RENTAL, INC., Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
County Court No. 3 Galveston County, Texas
Trial Court Cause No. CV-0072453
ORDER
The Order issued by this court on April 6, 2016 that contained incorrect information is withdrawn and is replaced by this Order.
On March 28, 2016, relator L & M Botruc Rental, Inc., filed a petition for writ of mandamus in this court. Relator asks this court to order the Honorable Jack Ewing, Judge of the County Court No. 3, in Galveston County, Texas, to (1) vacate his order dated March 10, 2016, entered in trial court number CV-0072453, styled Walter Bagby v. L&M Botruc Rental Inc., and (2) dismiss the case for forum non conveniens.
Also, on March 28, 2016 relator filed a motion for temporary relief that asks this court to stay the May 2, 2016 trial setting pending a decision on the petition for writ of mandamus. See Tex. R. App. P. 52.8(b), 52.10.
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 and issue the following order:
We ORDER the trial in trial court cause number CV-0072453, Walter Bagby v. L&M Botruc Rental Inc., STAYED until a final decision by this court on relator's petition for writ of mandamus, or until further order of this court.
In addition, the court requests Walter Bagby, the real party-in-interest, to file a response to the petition for writ of mandamus on or before April 21, 2016. See Tex. R. App. P. 52.4.
PER CURIAM Panel consists of Justices Jamison, Donovan, and Brown.