in Re Saddles Blazin, LLC

• Court: Court of Appeals of Texas
• Decided: September 3, 2020
• Docket: 09-20-00209-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-20-00209-CV __________________

IN RE SADDLES BLAZIN, LLC __________________________________________________________________

Original Proceeding 457th District Court of Montgomery County, Texas Trial Cause No. 18-03-03200-CV __________________________________________________________________

ORDER

Saddles Blazin, LLC, Relator, filed a petition for a writ of mandamus and a

motion for temporary relief. See Tex. R. App. P. 52. Relator is the plaintiff in Trial

Cause Number 18-03-03200, Saddles Blazin, LLC v. KRG Portofino, LLC. Relator

seeks a writ compelling the Honorable Vince Santini, Judge of the 457th District

Court of Montgomery County, Texas, to vacate an order denying a motion to quash

and granting an order compelling a non-party deposition. See Tex. Gov’t Code Ann.

§ 22.221.

Relator requests that the trial court’s order be stayed and all trial court

proceedings while this Court considers the mandamus petition. The Court finds

1 temporary relief is necessary to prevent undue prejudice. It is ORDERED that the

trial court’s Order of August 28, 2020 and the deposition of Brian Kelley, as

described in the trial court’s order, is 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

Relator as a condition to any relief herein granted.

The response of the real party in interest, KRG Portofino, LLC, to the petition

for a writ of mandamus is due September 14, 2020.

MOTION FOR TEMPORARY RELIEF GRANTED IN PART.

ORDER ENTERED September 3, 2020.

PER CURIAM

Before Kreger, Horton and Johnson, JJ.