Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/3/2015 4:52:38 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00758-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/3/2015 4:52:38 PM CHRISTOPHER PRINE No. 01-15-00758-CV CLERK _______________________________________________________________________
IN THE FIRST COURT OF APPEALS
HOUSTON, TEXAS ____________________ In Re Advanced Powder Solutions, Inc.
Relator, ____________________ Original Proceeding from the 125th District Court
Harris County, Texas Trial Court Cause No. 2014-16020
The Honorable Kyle Carter, Presiding
____________________ MOTION FOR TEMPORARY RELIEF
____________________ Donald M. Hudgins (10149000) dhudgins@hudgins-law.com Michael D. Hudgins (00787731) mhudgins@hudgins-law.com Steven F. Hudgins (00793993) shudgins@hudgins-law.com Nicole James Petrelli (24035568) npetrelli@hudgins-law.com T HE H UDGINS L AW F IRM , P.C. 24 Greenway Plaza, Suite 2000 Telephone (713) 623-2550 Facsimile (713) 623-2793 C OUNSEL FOR R ELATOR A DVANCED P OWDER S OLUTIONS , I NC . TEMPORARY R ELIEF AND ORAL ARGUMENT REQUESTED
________________________________________________________________________ ________
*2 No. 01-15-00758-CV __________________________________________________________________
IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS ____________________ In Re Advanced Powder Solutions, Inc. Relator, ____________________ Original Proceeding from the 125th District Court
Harris County, Texas Trial Court Cause No. 2014-16020 The Honorable Kyle Carter, Presiding ____________________ MOTION FOR TEMPORARY RELIEF
____________________ TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:
Relator/Movant, Advanced Powder Solutions, Inc., files this Motion for Temporary
Relief, and in support shows as follows:
A.
SUMMARY OF RELIEF REQUESTED
This is Relator’s Motion for Temporary Relief following the trial court’s order dated
July 17, 2015, denying its motion for physical exam (MR 190); more specifically, this
motion seeks a temporary stay of the trial and removal of this case from its current trial
setting.
B.
PROCEDURAL BACKGROUND
1. This case is currently set for trial on October 19, 2015.
2. Relator’s motion for exam was originally filed on May 7, 2015. (MR 67).
3. The briefing associated with Relator’s motion for exam including Plaintiffs’
response and Relator’s reply, was completed on June 19, 2015. (MR 67- 189)
4. The trial court denied Relator’s Motion for Exam on July 17, 2015. (MR
190).
C.
BASIS FOR TEMPORARY RELIEF
5. Pursuant to Texas Rule of Appellate Procedure 52.10(a), Relator/Movant
seeks a stay of the trial and removal of this case from its current trial setting.
6. Temporary relief is necessary so Relator/Movant is afforded the opportunity
to examine the physical condition of the Plaintiff and prepare a viable defense prior to the
trial on the merits.
D. CONCLUSION AND PRAYER For these reasons, Relator/Movant requests this Court immediately grant this
motion for temporary relief staying the trial and an order that this case be removed from
its current trial setting, and to grant it such further relief, either at law or in equity, to which
it may show itself justly entitled.
Respectfully submitted, T HE H UDGINS L AW F IRM A P ROFESSIONAL C ORPORATION By: /s/ Michael D. Hudgins Donald M. Hudgins (10149000) dhudgins@hudgins-law.com Michael D. Hudgins (00787731) mhudgins@hudgins-law.com Steven F. Hudgins (00793993) shudgins@hudgins-law.com Nicole James Petrelli (24035568) npetrelli@hudgins-law.com 24 Greenway Plaza, Suite 2000 Telephone (713) 623-2550 Facsimile (713) 623-2793 C OUNSEL FOR R ELATOR /M OVANT CERTIFICATE OF COMPLIANCE Pursuant to Rule 52.10(a) of the Texas Rules of Civil Procedure, counsel for
Relator/Movant, Steven Hudgins, contacted counsel for Plaintiffs, the real parties in
interest, and advised counsel for the real parties in interest of the filing of this motion for
temporary relief and the petition for mandamus. Counsel for Plaintiffs advised they were
opposed to this motion.
/s/ Steven F. Hudgins Steven F. Hudgins *5 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Motion for Temporary Relief was
served on the following counsel:
Kurt Arnold
karnold@arnolditkin.com
Kyle Findley
kfindley@arnolditkin.com
Arnold & Itkin LLP
6009 Memorial Drive
Houston, Texas 77007
Counsel for Real Party in Interest
Charles A. Sturm
csturm@sturmlegal.com
Sturm Law, PLLC
723 Main Street, Suite 330
Houston, Texas 77002
Counsel for Relator
via electronic mail and/or electronic service on the 3rd day of September 2015; and
Honorable Kyle Carter
Judge, 125th Judicial Court
Harris County Courthouse
201 Caroline
Respondent
via certified mail, return receipt requested on the 3rd day of September 2015.
/s/ Michael D. Hudgins Michael D. Hudgins