In Re S.A.R.S. Trucking Ltd. and Felipe Rodriguez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 20, 2024
• Docket: 01-23-00781-CV
• Status: Published

Opinion

Opinion issued June 20, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00781-CV ——————————— IN RE S.A.R.S. TRUCKING LTD. AND FELIPE RODRIGUEZ, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators, S.A.R.S. Trucking Ltd. and Felipe Rodriguez, filed a petition for

writ of mandamus challenging the trial court’s August 15, 2023 order denying their

“Motion for Entry of New Docket Control Order, or in the Alternative, Motion for

Leave to Late Designate Experts.”1 Relators requested that this Court “grant them

1 The underlying case is Janelle Solis, Individually, and on Behalf of Her Minor Children, I.C., A.S., S.G., and S.G. v. S.A.R.S. Trucking Ltd. and Felipe Rodriguez, Case No. 2020-23445, in the 164th District Court of Harris County, Texas, the Honorable C. Elliot Thornton presiding. mandamus relief [and] set[] aside [the trial court’s] denial of their Motion for Leave

to Late Designate” an expert witness, and to “requir[e] that such leave be granted.”

In connection with their petition for writ of mandamus, relators filed a

“Motion for Temporary Relief: Stay of Trial Proceedings,” requesting that the Court

stay trial in the underlying lawsuit pending this Court’s resolution of the mandamus

petition. On March 13, 2024, the Court granted the temporary relief requested by

relators, staying the underlying lawsuit.

Our review of the mandamus petition reflects that relators have failed to

establish that they are entitled to mandamus relief. Accordingly, we deny relators’

petition for writ of mandamus and lift the stay imposed by our March 13, 2024 order.

See TEX. R. APP. P. 52.8(a). We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Justices Hightower, Rivas-Molloy, and Farris.