in Re Don Bonifay, Individually and D/B/A Bonifay & Associates
This text of in Re Don Bonifay, Individually and D/B/A Bonifay & Associates (in Re Don Bonifay, Individually and D/B/A Bonifay & Associates) 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.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00316-CV
In re Don Bonifay, Individually and d/b/a Bonifay & Associates
ORIGINAL PROCEEDING FROM BLANCO COUNTY
ORDER
PER CURIAM
On August 4, 2016, relator Don Bonifay, individually and d/b/a Bonifay &
Associates, filed an emergency motion for a temporary stay in connection with a previously filed
petition for writ of mandamus. See Tex. R. App. P. 52.1, 52.10. Bonifay’s motion to stay did not
inform the Court that the real party in interest Blacktopper Technology, Inc. had scheduled a
deposition for August 11, 2016. In the absence of any information stating the “emergency” nature
of the relief requested, the Court requested a response from Blacktopper by noon on August 8, 2016.
See Tex. R. App. P. 52.10(b) (allowing appellate court to grant any just temporary relief without
notice, on motion of any party or on its own initiative). On August 5, 2016, Blacktopper moved for
an extension of time to respond to Bonifay’s motion to stay. Blacktopper’s motion for extension
of time also failed to inform the Court that Blacktopper had scheduled a deposition for
August 11, 2016. On August 8, 2016, Bonifay filed a response to Blacktopper’s motion for
extension of time and informed the Court for the first time of the August 11 deposition. We grant the motion for temporary relief and stay all proceedings in the trial court,
including all discovery and the deposition scheduled for August 11, 2016, pending further order of
this Court. Blacktopper may still file its response to Bonifay’s motion to stay on August 16, 2016,
at which time the Court will consider the response. Both parties are advised of the importance of
informing the Court of any potentially relevant dates when seeking relief in the future.
It is so ordered August 9, 2016.
Before Chief Justice Rose, Justices Goodwin and Bourland
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
in Re Don Bonifay, Individually and D/B/A Bonifay & Associates, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-don-bonifay-individually-and-dba-bonifay-associates-texapp-2016.