in Re Ullico Casualty Company, Contego Recovery LLC Contego Services Group LLC Patriot Underwriters, Inc. Patriot National Insurance Group, Inc. Steven M. Mariano Linda Webb Richard Wersinger Patriot Risk Services, Inc. and Patricia Kelty

• Court: Court of Appeals of Texas
• Decided: August 12, 2013
• Docket: 14-13-00711-CV
• Status: Published

Opinion

Motion Granted and Order filed August 12, 2013.

In The

Fourteenth Court of Appeals ____________

NO. 14-13-00711-CV ____________

IN RE ULLICO CASUALTY COMPANY, ET AL., Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 23rd District Court Brazoria County, Texas Trial Court Cause No. 60307

ORDER

On August 9, 2013, relators, Ullico Casualty Company, et al., filed a petition for writ of mandamus in this court. See Tex. Gov't Code § 22.221. Relator asks this court to order the Honorable Ben Hardin, Judge of 23rd District Court, in Brazoria County, Texas, to set aside his order dated August 5, 2013, entered in trial court cause number 60307, styled Charlene Hembree, et al. v.Thermal Polymer System, LC, et al. Relators claim respondent abused his discretion by denying their opposed emergency motion for entry of an order confirming stay of all proceedings.

Relator has also filed a motion for a temporary stay of proceedings below. See Tex. R. App. P. 52.8(b), 52.10. On August 9, 2013, relators asked this court to stay proceedings in the trial court pending a decision on the petition for writ of mandamus.

It appears from the facts stated in the petition and motion that relators’ request for relief requires further consideration and that relators will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relators’ motion and issue the following order:

We ORDER all proceedings in trial court cause number 60307, styled Charlene Hembree, et al. v.Thermal Polymer System, LC, et al. STAYED until a final decision by this court on relators’ petition for writ of mandamus, or until further order of this court.

In addition, the court requests Matthiesen, Wicker & Lehrer, S.C. and Kelly, Smith & Murrah, P.C., the real parties-in-interest, to file a response to the petition for writ of mandamus on or before August 26, 2013. See Tex. R. App. P. 52.4.

PER CURIAM

Panel consists of Justices Brown, Busby, and Donovan.