in Re Buchheit Trucking Service, Inc

• Court: Court of Appeals of Texas
• Decided: September 13, 2022
• Docket: 04-22-00571-CV
• Status: Published

Opinion

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Fourth Court of Appeals San Antonio, Texas September 13, 2022

No. 04-22-00571-CV

IN RE BUCHHEIT TRUCKING SERVICE, INC

Original Mandamus Proceeding 1 0F

ORDER

Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Liza A. Rodriguez, Justice

On September 2, 2022, relator filed a petition for writ of mandamus. On September 6, 2022, relator filed an emergency motion for stay pending final resolution of the petition for writ of mandamus. This court believes a serious question concerning the mandamus relief sought requires further consideration. See TEX. R. APP. P. 52.8(b). Respondent and real parties in interest may file a response to relator’s motion for stay on or before September 20, 2022. Respondent and real parties in interest may file a response to the petition filed in this court no later than September 28, 2022. Any such response must conform to Texas Rule of Appellate Procedure 52.4.

Relator’s emergency motion is GRANTED IN PART. The trial court’s August 9, 2022 “Order Granting Motion to Compel The Oral Deposition of Jeff Buchheit” is STAYED until September 30, 2022, at 5:00 P.M. CST.

It is so ORDERED on September 13, 2022. PER CURIAM

ATTESTED TO:__________________________ MICHAEL A. CRUZ, CLERK OF COURT

1 This proceeding arises out of Cause No. 2019CVA00171-D3, styled Rosario Camarillo-Cabello, Individually and as next friend of Miguel Angel Cabello, A Minor vs. Buchheit Trucking Service, Inc., Michael Scott French, and The Estate of Jesus Tapia, Jr.; Jesus Tapia, III, Individually and as Wrongful Death Beneficiary and Representative of the Estate of Jesus Tapia, Jr. vs. Buchheit Trucking Service Inc., Scott Michael French, and Matt Miller, pending in the 341st Judicial District Court, Webb County, Texas, the Honorable Rebecca Ramirez Palomo presiding.