in Re Lowe's Home Centers, LLC

• Court: Court of Appeals of Texas
• Decided: August 21, 2015
• Docket: 04-15-00512-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas August 20, 2015

No. 04-15-00512-CV

IN RE LOWE'S HOME CENTERS, LLC

Original Mandamus Proceeding1

ORDER

Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Jason Pulliam, Justice

On August 18, 2015, relator Lowe’s Home Centers, LLC, filed a petition for writ of mandamus complaining of the trial court’s order, signed July 24, 2015, granting plaintiff’s motion to sever the intervenor’s claims in the underlying personal injury lawsuit into a separate cause of action. The record before this court reflects that the trial court has deferred ruling on relator’s motion to reconsider the order granting severance until a further hearing scheduled for August 26, 2015 at 8:30 a.m. See MR 76. This mandamus proceeding is TEMPORARILY ABATED pending the trial court’s ruling on relator’s motion to reconsider the challenged order.

Relator is requested to file an advisory in this court no later than August 28, 2015, notifying this court of any further ruling on relator’s motion to reconsider.

The petition for writ of mandamus and expedited motion for stay of trial remain pending before this court.

It is so ORDERED on August 20, 2015.

PER CURIAM

ATTESTED TO: ___________________________________ Keith E. Hottle, Clerk

1 This proceeding arises out of Cause Nos. 2014-CI-09253, styled John Salas v. Lowe's Home Centers, LLC; Lowe's Companies, Inc.; and Alfonso Lopez, and 2015-CI-12273, styled Leonardo Mercado v. Lowe's Home Centers, LLC; Lowe's Companies, Inc.; and Alfonso Lopez, pending in the 407th Judicial District Court, Bexar County, Texas, the Honorable Laura Salinas presiding.