in Re 3 Atoms, L.L.C. and Fun Spot Manufacturing, L.L.C., Relators

• Court: Court of Appeals of Texas
• Decided: August 2, 2019
• Docket: 07-19-00243-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-19-00243-CV

IN RE 3 ATOMS, L.L.C. AND FUN SPOT MANUFACTURING, L.L.C., RELATORS

ORIGINAL PROCEEDING

August 2, 2019

ORDER ON RELATORS’ MOTION FOR TEMPORARY RELIEF Before QUINN, C.J., and CAMPBELL and PARKER, JJ.

Relators 3 Atoms, LLC and Fun Spot Manufacturing, LLC, seek a writ of

mandamus compelling respondent, the Honorable Ruben G. Reyes, Judge of the

Seventy-Second District Court of Lubbock County, to vacate his order granting a new trial

for real party in interest, Billy Gonzales, as next friend of Aidan Zachary Gonzales, a

minor.

Subsequent to their petition, relators filed a motion for temporary relief. TEX. R.

APP. P. 52.10. By their motion, relators request an order staying the October 14, 2019

new trial setting along with related deadlines for mediation, August 21, pre-trial exchange,

September 20, and the pre-trial hearing, October 4. On the motion of a party or on our own initiative we are authorized to grant “just

relief” pending the disposition of a petition. TEX. R. APP. P. 52.10(b); In re State Farm Mut.

Auto. Ins. Co., No. 07-18-00116-CV, 2018 Tex. App. LEXIS 3265 (Tex. App.—Amarillo

May 8, 2018, per curiam order). Relators’ motion is granted. All trial court proceedings

in trial court cause number 2017-524,895 are stayed pending disposition of relators’

petition for writ of mandamus.

It is so ordered.

Per Curiam