in Re McCoy Corporation and Erik Delgadillo
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Opinion
NUMBER 13-21-00220-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE MCCOY CORPORATION AND ERIK DELGADILLO
On Petition for Writ of Mandamus.
ORDER
Before Justices Longoria, Hinojosa, and Tijerina Order Per Curiam
Relators McCoy Corporation (McCoy) and Erik Delgadillo have filed a petition for
writ of mandamus seeking to compel the trial court to: (1) partially vacate its June 23,
2021 order compelling the depositions of Ron Van Winkle, Waylon Walker, Beth Ramsey,
John Grimsley, Rachel Stauffer, and Randy Padilla; and (2) sign a new order that grants
McCoy’s motion to quash and motion for protection with respect to these six individuals. Relators have also filed an opposed motion to stay all trial court proceedings pending
resolution of this petition for writ of mandamus.
The Court, having examined and fully considered the relators’ opposed motion to
stay trial court proceedings, is of the opinion that the motion should be granted in part
and denied in part. Accordingly, we grant the relators’ opposed motion and order the June
23, 2021 order compelling the depositions of Ron Van Winkle, Waylon Walker, Beth
Ramsey, John Grimsley, Rachel Stauffer, and Randy Padilla to be stayed pending
resolution of this original proceeding. See TEX. R. APP. P. 52.10(b) (“Unless vacated or
modified, an order granting temporary relief is effective until the case is finally decided.”).
We deny the relators’ opposed motion in part insofar as it requests to stay all other trial
court proceedings.
The Court requests that the real party in interest, Israel Gutierrez, or any others
whose interest would be directly affected by the relief sought, file a response to the
petition for writ of mandamus on or before the expiration of ten days from the date of this
order. See id. R. 52.2, 52.4, 52.8.
PER CURIAM
Delivered and filed on the 20th day of July, 2021.
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