In Re: Virgilio Avila and Univision Television Group, Inc. v.

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Writ of Mandamus Denied, Opinion issued January 24, 2012


In The
Court of Appeals
Fifth District of Texas at Dallas
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No. 05-12-00094-CV
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IN RE VIRGILIO AVILA AND UNIVISION TELEVISION GROUP, INC., Relators
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Original Proceeding from the 95th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-11-10828
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MEMORANDUM OPINION
Before Justices O'Neill, Francis, and Murphy
Opinion by Justice Murphy


Relators filed a petition for writ of mandamus contending the
trial court abused its discretion by continuing a hearing on a pending
motion to dismiss under chapter 27 of the Texas Civil Practice and
Remedies Code and by ordering unspecified and unlimited discovery both
before and after the date they claim the motion to dismiss was overruled
by operation of law. See Tex. Civ. Prac. & Rem. Code Ann. §§ 27.001-
27.011 (West Supp. 2011). In addition to the petition, relators have
filed an interlocutory appeal under section 27.008 contending their
motion to dismiss was overruled as a matter of law due to the trial
court's failure to rule on the motion within the time prescribed and
claiming such denial constitutes reversible error. As part of their
interlocutory appeal, relators have sought and received emergency
temporary relief from the discovery orders at issue and all discovery

has been stayed in the trial court pending further order of this Court.
Accordingly, we DENY relators' petition for writ of mandamus as
premature. See Ex parte Edmondson, No. 11-00-00381- CR, 2000 WL
34234571, at * 1 (Tex. App.-Eastland Nov. 30, 2000, orig. proceeding).
Additionally, issues raised in the petition may be resolved or become
moot as a result of the interlocutory appeal.

MARY MURPHY
JUSTICE
120094F.P05
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