in Re Chefs' Produce of Houston, Inc., and Mario Alberto Rangel

Court of Appeals of Texas

in Re Chefs' Produce of Houston, Inc., and Mario Alberto Rangel

DecidedSeptember 10, 2021

Docket14-21-00495-CV

StatusPublished

This text of in Re Chefs' Produce of Houston, Inc., and Mario Alberto Rangel (in Re Chefs' Produce of Houston, Inc., and Mario Alberto Rangel) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in Re Chefs' Produce of Houston, Inc., and Mario Alberto Rangel, (Tex. Ct. App. 2021).

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Opinion

Motion Granted and Order filed September 10, 2021.

In The

Fourteenth Court of Appeals

NO. 14-21-00495-CV

IN RE CHEFS’ PRODUCE OF HOUSTON, INC., AND MARIO ALBERTO RANGEL, Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 151st District Court Harris County, Texas Trial Court Cause No. 2019-48529

ORDER

On September 2, 2021, relators Chefs’ Produce of Houston, Inc., and Mario Alberto Rangel filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable Mike Englehart, presiding judge of the 151st District Court of Harris County, to vacate its July 27, 2020 Order granting Plaintiff’s Motion to Strike and its July 19, 2021, Order denying Defendants’ Motion for Reconsideration. Relators contend the trial court abused its discretion by striking the counter-affidavit Benny Sanchez, M.D. and excluding his testimony, particularly given the Texas Supreme Court’s recent holding in In re Allstate Indemnity Co., 622 S.W.3d 870, 876–77 (Tex. 2021) (orig. proceeding) (confirming the requirements for a section 18.001 counter-affidavit).

On September 3, 2021, relators filed a motion for emergency relief, requesting a stay of the September 20, 2021, trial setting of this matter during the pendency of the mandamus proceeding.

It appears from the facts stated in the petition that relators’ request for relief requires further consideration and that relators will be prejudiced unless immediate temporary relief is granted. See Tex. R. App. p. 52.8(b), 52.10. We therefore GRANT relators’ motion and issue the following order:

We therefore ORDER that the September 20, 2021, trial setting in the 151st Judicial District Court of Harris County, Texas, Cause Number 2019-48529, styled Antonio Estrada v. Chefs’ Produce of Houston, Inc., and Mario Alberto Rangel, is STAYED until final decision by this Court of relators’ petition for writ of mandamus, or until further orders of this Court.

In addition, the court requests real party in interest, to file a response to the petition for writ of mandamus on or before September 24, 2021. See Tex. R. App. P. 52.4.

PER CURIAM

Panel consists of Justices Wise, Bourliot, and Zimmerer.

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Motion Granted and Order filed September 10, 2021.

In The

Fourteenth Court of Appeals

NO. 14-21-00495-CV

IN RE CHEFS’ PRODUCE OF HOUSTON, INC., AND MARIO ALBERTO RANGEL, Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 151st District Court Harris County, Texas Trial Court Cause No. 2019-48529

ORDER

On September 2, 2021, relators Chefs’ Produce of Houston, Inc., and Mario Alberto Rangel filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable Mike Englehart, presiding judge of the 151st District Court of Harris County, to vacate its July 27, 2020 Order granting Plaintiff’s Motion to Strike and its July 19, 2021, Order denying Defendants’ Motion for Reconsideration. Relators contend the trial court abused its discretion by striking the counter-affidavit Benny Sanchez, M.D. and excluding his testimony, particularly given the Texas Supreme Court’s recent holding in In re Allstate Indemnity Co., 622 S.W.3d 870, 876–77 (Tex. 2021) (orig. proceeding) (confirming the requirements for a section 18.001 counter-affidavit).

On September 3, 2021, relators filed a motion for emergency relief, requesting a stay of the September 20, 2021, trial setting of this matter during the pendency of the mandamus proceeding.

It appears from the facts stated in the petition that relators’ request for relief requires further consideration and that relators will be prejudiced unless immediate temporary relief is granted. See Tex. R. App. p. 52.8(b), 52.10. We therefore GRANT relators’ motion and issue the following order:

We therefore ORDER that the September 20, 2021, trial setting in the 151st Judicial District Court of Harris County, Texas, Cause Number 2019-48529, styled Antonio Estrada v. Chefs’ Produce of Houston, Inc., and Mario Alberto Rangel, is STAYED until final decision by this Court of relators’ petition for writ of mandamus, or until further orders of this Court.

In addition, the court requests real party in interest, to file a response to the petition for writ of mandamus on or before September 24, 2021. See Tex. R. App. P. 52.4.

PER CURIAM

Panel consists of Justices Wise, Bourliot, and Zimmerer.

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in Re Chefs' Produce of Houston, Inc., and Mario Alberto Rangel, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-chefs-produce-of-houston-inc-and-mario-alberto-rangel-texapp-2021.