in Re BDPJ Houston, LLC

• Court: Court of Appeals of Texas
• Decided: September 24, 2013
• Docket: 14-13-00751-CV
• Status: Published

Opinion

Motion Granted and Order filed September 24, 2013.

In The

Fourteenth Court of Appeals ____________

NO. 14-13-00751-CV ____________

IN RE BDPJ HOUSTON, LLC, Relator

On Appeal from the 133rd District Court Harris County, Texas Trial Court Cause No. 2010-54130

ORDER

On August 27, 2013, relator BDPJ Houston, LLC filed a petition for writ of mandamus in this court. See Tex. Gov’t Code § 22.221. Relator asks this court to order the Honorable Jaclanel McFarland, judge of the 133rd District Court of Harris County, to set aside her order dated August 19, 2013, entered in trial court cause number 2010-54130, styled Water Rescue, Inc. v. Central Management, Inc. and BDPJ Houston, LLC. Relator asserts respondent abused her discretion by compelling the production of documents evidencing the amount, location, and expenditure of confidential settlement funds. Relator also has filed a motion for a temporary stay of the proceedings below. See Tex. R. App. P. 52.8(b), 52.10. On August 27, 2013, relator asked this court to stay the trial court’s order compelling production pending a decision on the petition for writ of mandamus.

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 court’s August 19, 2013 order compelling production in trial court cause number 2010-54130, styled Water Rescue, Inc. v. Central Management, Inc. and BDPJ Houston, LLC., 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 Central Management, Inc., the real party in interest, to file a response to the petition for writ of mandamus on or before October 8, 2013. See Tex. R. App. P. 52.4.

PER CURIAM

Panel consists of Justices Frost, Busby, and Donovan.