In Re: International Sales Group, Inc., Sunbelt Marketing, Inc., Roger Sumicek, Ron E. (Ron) Sumicek, and R. Edward Sumicek, Jr.--Appeal from 139th District Court of Hidalgo County

NUMBER 13-06-624-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG

IN RE: INTERNATIONAL SALES GROUP, INC.,

SUNBELT MARKETING, INC., RODGER SUMICEK,

RON E. (RON) SUMICEK, AND R. EDWARD SUMICEK, JR.

 

On Petition for Writ of Mandamus and

Motion for Emergency Temporary Relief

 
MEMORANDUM OPINION
Before Justices Ya ez, Rodriguez, and Garza
Memorandum Opinion Per Curiam

On November 6, 2006, relators, International Sales Group, Inc., Sunbelt Marketing, Inc., Rodger Sumicek, Ron E. (Ron) Sumicek, and R. Edward Sumicek, Jr., filed a petition for writ of mandamus with this Court in which they allege that on October 20, 2006, the respondent, the Honorable J.R. "Bobby" Flores, Presiding Judge of the 139th Judicial District Court of Hidalgo County, Texas, abused his discretion by entering an order declaring it had dominant jurisdiction over a Harris County case styled ISG, Inc. d/b/a Stinger Marketing v. Worldwide Clothing, LLC, of Houston, d/b/a Pure Energy Distributing, Cause No. 2005-54581 in the 55th Judicial District Court of Harris County, Texas. Further, relators complain that on October 31, 2006, respondent entered a separate order "denying defendants' 'new' motion to quash, granting reconsideration of the prior motion to quash, denying original motion to quash regarding the depositions of Ron Sumicek and Rodger Sumicek, expediting discovery response deadlines, and granting sanctions including written warning concerning failure of Defendants' to honor their promises and representations to the Court and failure to obey Texas Rules of Civil Procedure". This order, received by relators on November 3, 2006, required relators, International Sales Group, Inc., Sunbelt Marketing, Inc., Rodger Sumicek, Ron E. (Ron) Sumicek, and R. Edward Sumicek, and ISG, Inc., a party in Cause No. 2005-54581, to answer discovery by Monday, November 6, 2006, and to produce a deposition of Ed Sumicek on Tuesday, November 7, 2006.

Relators' petition for writ of mandamus asks this Court to order the respondent to vacate the orders entered on October 20, 2006 and October 31, 2006 and for such other and further relief. In addition, relators filed an emergency motion for stay, asking this Court to order a stay of all proceedings in the trial court, pending this Court's disposition of relators' petition for writ of mandamus.

On November 6, 2006, this Court granted relators' emergency motion for stay and ordered a stay of all proceedings in the underlying action. In addition, this Court requested a response to the petition for writ of mandamus from the real parties in interest, Worldwide Clothing, L.P., Worldwide Clothing, L.L.C., and Robert Clair. The response by the real parties in interest was received in this Court on November 28, 2006, along with an emergency motion to lift stay.

This Court, having examined and fully considered relators' petition for writ of mandamus and the real parties in interest response, is of the opinion that relators have not shown themselves entitled to the relief sought and the petition for writ of mandamus should be denied. See Tex. R. App. P. 52.8(a).

Accordingly, the stay previously ordered by this Court is hereby LIFTED, and the petition for writ of mandamus is DENIED. The real parties emergency motion to lift stay is DISMISSED AS MOOT.

PER CURIAM

Memorandum Opinion delivered and filed

this the 29th day of November, 2006.