In Re Kelly Salas and 210 Hospitality, Inc v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 26, 2025
• Docket: 01-24-00861-CV
• Status: Published

Opinion

Opinion issued June 26, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00861-CV ——————————— IN RE KELLY SALAS AND 210 HOSPITALITY, INC., Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators Kelly Salas and 210 Hospitality, Inc., filed a petition for writ of

mandamus challenging two orders signed by the district court in the underlying

motor-vehicle-accident personal-injury lawsuit — the first denying Relators’ motion

for leave to designate Sidney Isaac Gates (husband of Real-Party-in-Interest Siukyn

Villacorta Gates) as a responsible third party, and the second granting Real-Party-

in-Interest Ziclaly Hurtado’s Rule 91a motion to dismiss the contribution counterclaims filed against her.1 We issued an order staying trial and requested a

response to the petition. Real-Parties-in-Interest filed a response, and Relators filed

a reply.

After reviewing the briefing, record, and law, we deny the petition and lift the

stay imposed by our February 21, 2025 order. This denial should not be construed

as any indication of what evidence is or is not relevant in this lawsuit, or as to what

the proper jury charge should be. We deny all other requests for relief and pending

motions.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Caughey and Johnson.

1 The underlying case is Zicaly Hurtado and Siukyn Villacorta Gates v. 210 Hospitality, Inc. d/b/a Chick-Fil-A d/b/a Chick-Fil-A Summerwood and Kelly Salas, Cause No. 2023-03577, pending in the 55th District Court of Harris County, Texas, the Honorable Latosha Lewis Payne presiding.