The Roman Catholic Bishop of San Bernardino, and Bishop Gerald R. Barnes v. John Doe

Summary

The Fourth Court of Appeals of Texas, San Antonio, granted appellants’ emergency motion to stay all discovery in the underlying suit pending resolution of their interlocutory appeal from the denial of a special appearance. The court denied as moot an earlier motion to stay discovery and ordered that the order be served on the trial court and all counsel.

Holdings

1. When an interlocutory appeal from the denial of a special appearance is pending, the appellate court may stay discovery when necessary to preserve the parties' rights until disposition of the appeal; here, all discovery was stayed pending resolution of the appeal.
2. The earlier motion to stay discovery was moot because the court granted the later emergency motion requesting the same relief.

Questions Presented

1. Whether the appellate court should stay discovery in the trial court pending resolution of the interlocutory appeal from the denial of appellants' special appearance.
2. Whether appellants' earlier motion to stay discovery was moot after the court granted their subsequent emergency motion seeking the same relief.

Disposition

other