in Re Komatsu America Corporation

Opinion

Order filed October 13, 2011.

In The

Fourteenth Court of Appeals

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NO. 14-11-00883-CV

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IN RE KOMATSU AMERICA CORPORATION, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

165th District Court Harris County, Texas

Trial Court Cause No. 2010-77680

ORDER

On October 12, 2011, relator, Komatsu America Corporation, filed a petition for writ of mandamus. See Tex. Gov't Code Ann. § 22.221. Relator asks this Court to order The Honorable Josefina M. Rendon, Judge of the 165th District Court, Harris County, Texas, to set aside her orders dated September 30, 2011, entered in trial court cause number 2010-77680, styled Mario Salinas, et al v, Dorsett Bros. Concrete Supply, Inc., et al. Relator claims the trial court abused its granting plaintffs’ motion to compel discovery.

It appears from the facts stated in the petition that relator’s request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. See Tex. R. App. p. 52.8(b), 52.10.

We therefore ORDER that the orders entered on September 30, 2011, by the court below be stayed in trial court cause number 2010-77680, styled Mario Salinas, et al v, Dorsett Bros. Concrete Supply, Inc., et al. Such orders are stayed until final decision by this Court of relator's petition for writ of mandamus, or until further orders of this Court.

Further, the court requests real parties in interest, Mario Salinas and Florencia Salinas, Individually and as Next Friends of the minor children Mario Salinas and Adilene Salinas, to file a response to the petition for writ of mandamus on or before October 28, 2011.

PER CURIAM

Panel consists of Justices Brown, Boyce, and McCally.