in Re Plains Capital Bank, Yvonne Trevino, and Jim Krieger ( 2018 )

NUMBER 13-18-00417-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE PLAINSCAPITAL BANK, YVONNE TREVINO, AND JIM KRIEGER
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Per Curiam Order
Relators PlainsCapital Bank, Yvonne Trevino, and Jim Krieger filed a petition for
writ of mandamus and motion for emergency stay in the above cause seeking to compel
the trial court to vacate a July 27, 2018 discovery order and to dismiss this case for lack
of jurisdiction, or alternatively, abate the case pending disposition of a related case
pending in the Hidalgo County Probate Court, or alternatively, enter an amended order
limiting discovery. Through their motion for emergency stay, relators seek to stay the trial
court’s July 27, 2018 order pending resolution of this original proceeding.
The Court, having examined and fully considered the motion for emergency stay,
is of the opinion that the motion should be granted. The motion for emergency stay is
GRANTED and the trial court’s order of July 27, 2018 is ordered STAYED pending further
order of this Court, or until the case is finally decided. See TEX. R. APP. P. 52.10(b)
(“Unless vacated or modified, an order granting temporary relief is effective until the case
is finally decided.”).
The Court requests that the real party in interest, Jeff Richter as attorney-in-fact
for Aleah Sue Richter, or any others whose interest would be directly affected by the relief
sought, file a response to the petition for writ of mandamus on or before the expiration of
ten days from the date of this order. See id. R. 52.2, 52.4, 52.8.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
3rd day of August, 2018.
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