in Re Dipak T. Patel and Pravin T. Patel

Opinion

Motion GRANTED and Order filed October 8, 2018.

In The

Fourteenth Court of Appeals ____________

NO. 14-18-00853-CV ____________

IN RE DIPAK T. PATEL AND PRAVIN T. PATEL, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 344th District Court Chambers County, Texas Trial Court Cause No. CV25784

ORDER

On March 2, 2018, relators Dipak T. Patel and Pravin T. Patel, filed a petition for writ of mandamus in this court. Relators ask this court to order the Honorable Randy McDonald, Judge of the 344th District Court, in Chambers County, Texas, to vacate his September 27, 2018 order denying relators’ motion to dismiss the action against them pursuant to Rule 91a of the Texas Rules of Civil Procedure. Relators have also filed a motion for temporary stay of proceedings below. See Tex. R. App. P. 52.8(b), 52.10. On October 3, 2018, 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 in part and issue the following order:

We ORDER the proceedings in trial court against relators STAYED until a final decision by this court on relators’ petition for writ of mandamus, or until further order of this court. However, we do not stay the proceedings against the defendants named in the trial court’s judgment signed on May 9, 2017.

In addition, the court requests Gene Fontonet, Rickey Fontonet and Richard Fontonet, the real parties-in-interest, to file a response to the petition for writ of mandamus on or before October 22, 2018. See Tex. R. App. P. 52.4.

PER CURIAM

Panel consists of Justices Donovan, Wise, and Jewell.