in Re the City of San Antonio

• Court: Court of Appeals of Texas
• Decided: November 21, 2022
• Docket: 04-22-00792-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas November 21, 2022

No. 04-22-00792-CV

IN RE THE CITY OF SAN ANTONIO

Original Mandamus Proceeding 1

ORDER

Sitting: Luz Elena D. Chapa, Justice Beth Watkins, Justice Lori I. Valenzuela, Justice

On November 21, 2022, relator filed a petition for writ of mandamus and a motion for emergency relief. This court believes a serious question concerning the mandamus relief sought requires further consideration. See TEX. R. APP. P. 52.8(b). Respondent and real party in interest may file a response to the petition in this court no later than December 6, 2023. Any such response must conform to Texas Rule of Appellate Procedure 52.4.

In the emergency motion, after a hearing on November 16, 2022, relator complains the trial court abused its discretion by rendering several orders from the bench. After consideration, relator’s request for emergency relief is GRANTED IN PART. The following orders from the November 16, 2022 hearing are STAYED pending further order from this court:

(1) the deposition of anyone named of interest to real party in interest shall take place at the real party in interest’s prerogative following a December 13, 2022 deposition and before December 20, 2022; and

(2) relator shall produce the human resources file, including any request for leave of Vincent Egidio, to real party in interest by November 22, 2022 at 5:00 PM.

It is so ORDERED on November 21, 2022.

1 This proceeding arises out of Cause No. 2021-CI-01482, styled Maria Monsibais v. City of San Antonio, pending in the 408th Judicial District Court, Bexar County, Texas, the Honorable Mary Lou Alvarez presiding. PER CURIAM

ATTESTED TO: _____________________________ Michael A. Cruz, Clerk of Court