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in Re PINNERGY, LTD

Citation: Not availableDocket: 01-23-00022-CV

Court: Court of Appeals of Texas; January 16, 2023; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Relators Pinnergy, Ltd. and LaDonta Sweatt filed a petition for a writ of mandamus on January 13, 2023, challenging the trial court's December 27, 2022 order that denied their Motion to Dismiss for Forum Non-Conveniens. They also requested an emergency stay of the trial court's order and all related proceedings, arguing that they would suffer irreparable harm by incurring the costs of discovery in Harris County while simultaneously litigating in Louisiana. The court granted the motion for temporary relief, staying all proceedings in trial court case number 2022-45392, including written discovery, until the resolution of the mandamus petition or further order. The court requested a response from the real parties in interest, due within twenty days of the order dated January 17, 2023.

Legal Issues Addressed

Forum Non-Conveniens

Application: The relators challenged the trial court's denial of their motion to dismiss the case on the grounds of forum non-conveniens, arguing that the litigation should not proceed in a less convenient forum.

Reasoning: Relators Pinnergy, Ltd. and LaDonta Sweatt filed a petition for a writ of mandamus on January 13, 2023, challenging the trial court's December 27, 2022 order that denied their Motion to Dismiss for Forum Non-Conveniens.

Irreparable Harm in Legal Proceedings

Application: The relators claimed that they would face irreparable harm due to the costs of discovery in Harris County while also litigating in Louisiana.

Reasoning: They also requested an emergency stay of the trial court's order and all related proceedings, arguing that they would suffer irreparable harm by incurring the costs of discovery in Harris County while simultaneously litigating in Louisiana.

Request for Response from Real Parties in Interest

Application: The court sought a response from the real parties in interest to the issues raised in the mandamus petition.

Reasoning: The court requested a response from the real parties in interest, due within twenty days of the order dated January 17, 2023.

Temporary Relief Pending Mandamus Petition

Application: The court granted temporary relief by staying all proceedings in the trial court to prevent potential harm to the relators while the mandamus petition is resolved.

Reasoning: The court granted the motion for temporary relief, staying all proceedings in trial court case number 2022-45392, including written discovery, until the resolution of the mandamus petition or further order.