Opinion
05-23-01071-CV
11-12-2024
IN RE SPAN, INCORPORATED, Relator
Original Proceeding from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-23-02085-A
Before Justices Molberg, Goldstein, and Breedlove
ORDER
BONNIE LEE GOLDSTEIN JUSTICE
In its October 27, 2023 petition for writ of mandamus, relator sought to compel the trial court to vacate its order denying relator's motion to transfer venue and issue a new order granting the motion pursuant to a mandatory-venue provision. Relator identified the Honorable De'Metria Benson as the respondent, but the challenged order was signed by the Honorable Lisa Burkhalter, a visiting judge sitting by assignment. After her assignment ended, we abated this original proceeding on March 26, 2024, pursuant to rule 7.2(b) to allow the successor judge, Judge Benson, to reconsider the challenged order. See Tex. R. App. P. 7.2(b). On August 22, 2024, Judge Benson issued a new order denying relator's motion to transfer venue.
On September 19, 2024, relator filed an emergency motion for stay pending mandamus proceeding. Relator seeks to stay all trial court proceedings, including the current November 18, 2024 trial setting pending this Court's action on relator's mandamus petition.
On October 22, 2024, relator filed an emergency motion to lift the order of abatement and reinstate case to the Court's active docket. Relator asks this Court to reinstate this original proceeding so the Court may consider Judge Benson's August 22, 2024 order denying relator's motion to transfer venue and relator's September 29, 2024 emergency motion for stay.
We GRANT the motion to lift the abatement and REINSTATE this original proceeding.
We also GRANT the motion for stay IN PART and STAY the November 18, 2024 trial setting, all pretrial hearings, and all pretrial deadlines. This stay shall remain in effect pending resolution of this original proceeding or until further order of this Court.