Opinion
13-24-00053-CV
01-30-2024
IN RE TEXAS DOW EMPLOYEES CREDIT UNION
On Petition for Writ of Mandamus.
Before Chief Justice Contreras and Justices Benavides and Tijerina
ORDER
Per Curiam
By petition for writ of mandamus, relator Texas Dow Employees Credit Union asserts that the trial court abused its discretion by issuing a December 19, 2023 order "denying protection from discovery of a non-party consumer's financial records without requiring adherence to Texas Finance Code § 59.006 and compelling the discovery under Texas Business & Commerce Code § 9.210." See Tex. Fin. Code Ann. § 59.006 (providing "the exclusive method for compelled discovery of a record of a financial institution relating to one or more customers"); Tex. Bus. & Com. Code Ann. § 9.210 (governing a request for an accounting in a secured transaction). By order issued on January 25, 2024, we requested the real parties in interest, Stephen Labar and Colleen Labar, or any others whose interest would be directly affected by the relief sought, to file a response to the petition for writ of mandamus on or before the expiration of ten days from the date of this order. See Tex. R. App. P. 52.2, 52.4, 52.8.
Relator has now filed an unopposed motion to stay enforcement of the December 19, 2023 order compelling discovery until its petition for writ of mandamus has been resolved. The Court, having examined and fully considered the unopposed motion to stay, is of the opinion that it should be granted. Accordingly, we grant the unopposed motion to stay and we stay any enforcement of the December 19, 2023 order pending the resolution of this original proceeding or further order of this Court. See id. R. 52.10.