In re Hagy Custom Homes, Inc. Appeal from Probate Court No. 1 of Travis County (opinion)
Annotate this Case
Download PDF
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-18-00069-CV In re Hagy Custom Homes, Inc. ORIGINAL PROCEEDING FROM TRAVIS COUNTY MEMORANDUM OPINION Relator Hagy Custom Homes, Inc. has filed a petition for writ of mandamus asking this Court to vacate the trial court’s order denying Hagy Custom Homes, Inc.’s motion for continuance and to order the trial court to grant the continuance. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52.1. At the same time, the relator filed a motion for temporary emergency relief to stay the trial set for February 5, 2018. See Tex. R. App. P. 52.10. Having reviewed the petition, the record, and the response of the real parties in interest, we hold that the trial court did not abuse its discretion by denying the motion for continuance.1 Therefore, we deny the mandamus petition, see id. R. 52.8(a), and the motion for temporary emergency relief. 1 The relator sought a continuance in part to conduct mandatory additional discovery under Texas Rule of Civil Procedure 190.5 after disclosure of a new medical provider. In relator’s motion for continuance, it sought only medical records from the provider, not additional depositions. The medical records were provided after this mandamus was filed, mooting the issue. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex.2005) (“A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings . . . .”). __________________________________________ Scott K. Field, Justice Before Chief Justice Rose, Justices Goodwin and Field Filed: February 2, 2018 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
