in Re Diamond Ready Mix, Inc., Enrique Marrero Galban, Mario Zermeno

• Court: Court of Appeals of Texas
• Decided: March 7, 2022
• Docket: 14-22-00084-CV
• Status: Published

Opinion

Motion GRANTED and Order filed March 7, 2022.

In The

Fourteenth Court of Appeals ____________

NO. 14-22-00084-CV ____________

IN RE DIAMOND READY MIX, INC., ENRIQUE MARRERO GALBAN, AND MARIO ZERMENO, Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 127th District Court Harris County, Texas Trial Court Cause No. 2020-21098

ORDER

On February 9, 2022, relators Diamond Ready Mix, Inc., Enrique Marrero Galban, Mario Zermeno, filed a petition for writ of mandamus in this court. Relators ask this court to order the Honorable R.K. Sandill, Judge of the 127th District Court, in Harris County, Texas, to set aside his order dated December 3, 2022, entered in trial court number 2020-21098, styled Martin Palos Urrutia v. Enrique Marrero Galban, Mario Zermeno, and Diamond Ready Mix, Inc.

Relators have also filed a motion for temporary stay of proceedings below. See Tex. R. App. P. 52.8(b), 52.10. On February 9, 2022, relators asked this court to stay proceedings in the trial court pending a decision on the petition for writ of mandamus.

It appears from the facts stated in the petition and motion that relators’ request for relief requires further consideration and that relators will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relators’ motion and issue the following order:

We ORDER the commencement of trial in trial court cause number 2020- 21098, Martin Palos Urrutia v. Enrique Marrero Galban, Mario Zermeno, and Diamond Ready Mix, Inc., STAYED until a final decision by this court on relators’ petition for writ of mandamus, or until further order of this court.

PER CURIAM

Panel consists of Justices Wise, Poissant, and Wilson.