in Re John Ebin and Joyce O'Connor

Opinion

Fourth Court of Appeals

San Antonio, Texas

November 13, 2019

No. 04-19-00528-CV

IN RE John EBIN and Joyce O’Connor

Original Mandamus Proceeding 1

ORDER

On August 5, 2019, relators filed a petition for writ of mandamus and the real party in interest responded. After reviewing the petition, the response, and the record, we conclude relators are entitled to the relief requested in part. Accordingly, the petition for writ of mandamus is CONDITIONALLY GRANTED IN PART AND DENIED IN PART. TEX. R. APP. P. 52.8(c).

The Honorable Rex Emerson is ORDERED to vacate his August 2, 2019 “Order on Defendant’s Motion to Strike the Testimony and Report of Derek Steiner.” The writ will issue only if we are notified that Judge Emerson has not complied within fifteen days from the date of this order. All other relief requested by relators is DENIED. The stay imposed on August 5, 2019 is LIFTED.

It is so ORDERED on November 13, 2019.

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Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of November, 2019.

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Michael A. Cruz, Clerk of Court

1 This proceeding arises out of Cause No. 17365B, styled Joyce O’Connor and John C. Ebin v. USAA Casualty Insurance Company and Kimberly Schaeffer, pending in the 198th Judicial District Court, Kerr County, Texas, the Honorable Rex Emerson presiding.