in Re Saddles Blazin, LLC

• Court: Court of Appeals of Texas
• Decided: September 12, 2019
• Docket: 09-19-00302-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-19-00302-CV __________________

IN RE SADDLES BLAZIN, LLC __________________________________________________________________

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 18-03-03200-CV __________________________________________________________________

ORDER

Relator Saddles Blazin, LLC filed a petition for writ of mandamus. The relator

is the plaintiff in trial cause number 18-03-03200-CV. Relator seeks a writ

compelling the Honorable Kristin Bays, Judge of the 284th District Court, to vacate

and set aside her amended docket control order of July 9, 2019, to vacate and set

aside her order denying relator’s motion for leave to file a first amended answer and

expert designation, and to enter an order granting relator leave to file its expert list

and amended answer. We note our jurisdiction over this matter and the parties. See

Tex. Gov’t Code Ann. § 22.221 (West Supp. 2018).

1 Relator alleges that an emergency stay is necessary to maintain the status quo

and to preserve this Court’s jurisdiction. The Court finds that temporary relief is

necessary to preserve its jurisdiction and to prevent undue prejudice. It is

ORDERED that all further proceedings in trial cause number 18-03-03200-CV are

STAYED until our Opinion issues or until further order of this Court. See Tex. R.

App. P. 52.10(b). No bond is required of the relator as a condition to any relief herein

granted.

The response of the real party in interest, KRG Portofino, LLC, is due

September 20, 2019.

MOTION FOR TEMPORARY EMERGENCY RELIEF GRANTED.

ORDER ENTERED September 12, 2019.

PER CURIAM

Before McKeithen, C.J., Kreger and Horton, JJ.