IN RE: Wimberley Springs Partners (2015)

Court of Appeals of Texas, Austin.

IN RE: Wimberley Springs Partners, Ltd.

NO. 03–15–00190–CV

Decided: March 31, 2015

Before Chief Justice Rose, Justices Goodwin and Field

April E. Lucas, Phillip H. Schmandt, Jordan K. Mullins, McGinnis, Lochridge & Kilgore, L.L.P., Austin, TX, Relator. Mr. Brent Pulley, Law Office of Brent H. Pulley, Wimberley, TX, for Real Party In Interest. Bill Davis, Davis & Associates, Dripping Springs, TX, for Real Party In Interest. Brad Rock Reagan, Reagan and Juarez, L.L.P., Austin, TX, for Real Party In Interest. David C. Junkin, Law Office of David Junkin, Wimberley, TX, for Real Party In Interest. Peter Blomquist, Shannon, Gracey, Ratliff & Miller, L.L.P., Houston, TX, for Real Party In Interest.

ORDER

Relator has filed a petition for writ of mandamus and a motion for temporary relief pending disposition of its mandamus petition. In the motion for temporary relief, relator has asked this Court to stay four rulings of respondent: (1) that relator's plea in abatement did not automatically trigger abatement; (2) that real parties in interest's defamation counterclaims are severed; (3) that depositions of non-parties are to proceed on April 1, 2015, and April 6, 2015; and (4) that good cause exists to allow discovery on relator's Anti–SLAPP motion to dismiss. We grant the motion for temporary relief in part as to ruling (3) and stay the district court's ruling that compels depositions to take place on Wednesday, April 1, 2015, and Monday, April 6, 2015, pending further order of this Court. We request that real parties in interest file a response to the motion for temporary relief and mandamus petition no later than 12:00 p.m. on Thursday, April 9, 2015.

It is so ordered.

PER CURIAM

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