Opinion
NO. 09-19-00144-CV
05-15-2019
IN RE VTG RAIL, INC.
Original Proceeding 410th District Court of Montgomery County, Texas
Trial Cause No. 17-09-10055-CV
ORDER
VTG Rail, Inc., relator, filed a petition for writ of mandamus. The relator is a defendant in Trial Cause Number 17-09-10555-CV, Truth Chemical, LLC v. VTG Rail, Inc. Relator seeks a writ compelling the Honorable Jennifer Robin, Judge of the 410th District Court, to dismiss the case without prejudice due to lack of subject matter jurisdiction or abate the case in favor of a court of dominant jurisdiction. We note our jurisdiction over this matter and the parties. See Tex. Gov't Code Ann. § 22.221 (West Supp. 2018).
Relator requests that the trial court proceeding be stayed as temporary relief. See Tex. R. App. P. 52.10(a). The Court finds temporary relief is necessary to prevent undue prejudice. It is ORDERED that all further proceedings in Trial Cause Number 17-09-10055-CV are STAYED until our Opinion issues or until further order of this Court. See Tex. R. App. P. 52.10(b). No bond is required of the relator as a condition to any relief herein granted.
The response of the real party in interest, Truth Chemical, LLC, is due May 28, 2019.
MOTION FOR TEMPORARY RELIEF GRANTED.
ORDER ENTERED May 15, 2019.
PER CURIAM Before Kreger, Horton, and Johnson, JJ.