in Re Cirrus Design Corporation D/B/A Cirrus Aircraft

• Court: Court of Appeals of Texas
• Decided: January 11, 2023
• Docket: 13-22-00598-CV
• Status: Published

Opinion

NUMBERS 13-22-00562-CV & 13-22-00598-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE CIRRUS DESIGN CORPORATION D/B/A CIRRUS AIRCRAFT

On Petition for Writ of Mandamus.

ORDER

Before Chief Justice Contreras and Justices Longoria and Silva Order Per Curiam

Relator Cirrus Design Corporation d/b/a Cirrus Aircraft has filed: (1) a Motion to

Consolidate Petitions for Writ of Mandamus regarding our cause numbers 13-22-00562-

CV and 13-22-00598-CV; and (2) an Emergency Motion for Temporary Relief in cause

number 13-22-00598-CV. In the Motion to Consolidate Petitions for Writ of Mandamus,

relator asserts that the petitions for writ of mandamus that it has filed in cause numbers

13-22-00562-CV and 13-22-00598-CV arise “from the same underlying litigation, involve

the same operative facts, and raise nearly identical legal issues.” Relator thus requests that we consolidate these causes in the interest of judicial efficiency. In the Emergency

Motion for Temporary Relief filed in cause number 13-22-00598-CV, relator requests that

this Court stay the trial court’s December 9, 2022 Order granting [Real Party in Interest]

Jorgenson’s Second Motion to Compel Responses to Second Set of Requests for

Production during the pendency of the mandamus proceedings challenging that order.

The Court, having examined and fully considered these motions, concludes that

they should be granted. Accordingly, we grant the Motion to Consolidate Petitions for Writ

of Mandamus regarding our cause numbers 13-22-00562-CV and 13-22-00598-CV and

we will consider these original proceedings as a consolidated case. We grant relator’s

Emergency Motion for Temporary Relief, and we order the trial court’s order of December

9, 2022, compelling relator to respond to discovery, to be stayed. See TEX. R. APP. P.

52.10(b) (“Unless vacated or modified, an order granting temporary relief is effective until

the case is finally decided.”).

PER CURIAM

Delivered and filed on the 11th day of January, 2023.