in Re Rosalinda Ruiz

• Court: Court of Appeals of Texas
• Decided: February 2, 2023
• Docket: 13-23-00048-CV
• Status: Published

Opinion

NUMBER 13-23-00048-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE ROSALINDA RUIZ

On Petition for Writ of Mandamus.

ORDER

Before Chief Justice Contreras and Justices Longoria and Silva Order Per Curiam

Relator Rosalinda Ruiz has filed a petition for writ of mandamus and a motion to

stay in the above-referenced cause. By petition for writ of mandamus, relator contends

that the trial court abused its discretion by (1) refusing to disqualify counsel for the real

party in interest, and (2) granting discovery sanctions. By motion to stay, relator seeks to

stay the jury trial of this matter, currently set for February 6, 2023, pending the resolution

of this petition for writ of mandamus. The Court, having examined and fully considered the motion to stay, is of the

opinion that it should be granted. Accordingly, we grant the motion to stay, and we order

the jury trial set for February 6, 2023, to be stayed pending the 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.”). The Court requests the real

party in interest, Maricela Huerta, individually and as next friend to E.H. and A.H., minors,

or any others whose interest may be directly affected by the relief sought, to file a

response to the petition for writ of mandamus within ten days from the date of this order.

See id. R. 52.4, 52.8.

PER CURIAM

Delivered and filed on the 2nd day of February, 2023.