Third Coast Services, LLC and SpawGlass Civil Construction, Inc. v. Felicitas Castaneda, Individually and as Representative of the Estate of Pedro Castaneda, Irving Castaneda, Evelyn Castaneda, and Lizzie Castaneda

Court of Appeals of Texas·Decided November 10, 2022·No. 14-22-00831-CV·Published

Opinion

Order filed November 10, 2022.

In The

Fourteenth Court of Appeals ____________

NO. 14-22-00831-CV ____________

THIRD COAST SERVICES, LLC AND SPAWGLASS CIVIL CONSTRUCTION, INC., Appellants

V.

FELICITAS CASTANEDA, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF PEDRO CASTANEDA, DECEASED; IRVING CASTANEDA; EVELYN CASTANEDA; AND LIZZIE CASTANEDA, Appellees

On Appeal from the 80th District Court Harris County, Texas Trial Court Cause No. 2019-81524

MEMORANDUM MAJORITY OPINION ON ORDER

This is an interlocutory appeal of the denial of appellants’ summary judgment motions brought pursuant to section 97.002 of the Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Ann. Code § 97.002. This interlocutory appeal stays the commencement of a trial in the trial court pending resolution of the appeal. See Tex. Civ. Prac. & Rem. Code § 51.014(b). Appellant Third Coast Services, LLC has filed a motion requesting that we stay trial scheduled to begin today, November 10, 2022. The motion is granted.1

Accordingly, we order the trial court to enforce the statutory stay mandated by section 51.014(b) and stay trial until this appeal is finally disposed. Tex. R. App. P. 29.3 (temporary orders); see Tex. Civ. Prac. & Rem. Ann. Code § 51.014(b).

PER CURIAM

Panel consists of Justices Zimmerer, Spain, and Poissant.

1 The motion was filed by appellant Third Coast Services, LLC but we grant the stay to apply to the entire underlying proceeding.

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Third Coast Services, LLC and SpawGlass Civil Construction, Inc. v. Felicitas Castaneda, Individually and as Representative of the Estate of Pedro Castaneda, Irving Castaneda, Evelyn Castaneda, and Lizzie Castaneda, (Tex. Ct. App. 2022).

Third Coast Services, LLC and SpawGlass Civil Construction, Inc. v. Felicitas Castaneda, Individually and as Representative of the Estate of Pedro Castaneda, Irving Castaneda, Evelyn Castaneda, and Lizzie Castaneda (Third Coast Services, LLC and SpawGlass Civil Construction, Inc. v. Felicitas Castaneda, Individually and as Representative of the Estate of Pedro Castaneda, Irving Castaneda, Evelyn Castaneda, and Lizzie Castaneda) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

§ 51.014
Texas CP § 51.014(b)
§ 97.002
Texas CP § 97.002