On October 27, 2020 a
Letter,Correspondence
was filed
involving a dispute between
Rlb Contracting Inc,
and
Mccarthy Building Companies, Inc.,
Mvp Terminalling Llc,
Travelers Casualty And Surety Company,
for Debt/Contract - Debt/Contract
in the District Court of Harris County.
Preview
RUSSELL W. SMITH
Principal
COKINOS DIRECT
EMAIL
713-535-5580
rwsmith@cokinoslaw.com
February 27, 2024
The Honorable Kyle Carter
Harris County Civil Courthouse
125th Judicial District Court
201 Caroline, 10th Floor
Houston, Texas 77002
Via E-Service
Re: RLB Contracting, Inc. v. MVP Terminalling, LLC, et. al; Cause No. 2020-68933; in the
125th Judicial District Court of Harris County, Texas
Dear Judge Carter,
We write to provide an update regarding the Court’s January 24, 2022, Order (attached hereto as
Exhibit A) staying the above-referenced matter “until the First or Fourteenth Court of Appeals
(or, if necessary, the Texas Supreme Court) rules on MVP’s mandamus petition.”
On August 23, 2022, the Fourteenth Court of Appeals issued a Memorandum Opinion (attached
hereto as Exhibit B) granting MVP’s mandamus petition with the following instructions:
We direct the trial court to (1) issue a written order vacating its March 11, 2021
order denying MVP’s plea in abatement [Envelope No. 50107553] and its July 14,
2021 order denying MVP’s motion for clarification and reconsideration on its plea
in abatement and motion to stay [Envelope No. 51879152] and (2) issue an order
dismissing the Texas case.
In response to the Fourteenth Court of Appeals’ Opinion, on January 9, 2023, RLB Contracting,
Inc. (“RLB”) filed a Petition for Writ of Mandamus in the Texas Supreme Court. On January 13,
2023, the Texas Supreme Court issued an order (attached hereto as Exhibit C) staying the
Fourteenth Court of Appeals’ instructions to this Court pending further order of the Texas
Supreme Court.
On January 26, 2024, the Texas Supreme Court denied RLB’s Petition for Writ of Mandamus and
lifted its stay order issued January 13, 2023. A true and correct copy of the Texas Supreme
Court’s Order is attached hereto as Exhibit D.
Accordingly, and pursuant to the Fourteenth Court of Appeals’ instruction to this Court, MVP
respectfully requests that this Court lift its stay on Cause No. 2020-68933 and issue a written
order in compliance with the Fourteenth Court of Appeals’ instruction (1) vacating both the
March 11, 2021, Order denying MVP’s Plea in Abatement and the July 14, 2021, Order denying
MVP’s Motion for Clarification and Reconsideration; and (2) dismissing this case (Cause No.
2020-68933). Enclosed is a proposed Order for your consideration.
COKINOS | YOUNG . Four Houston Center, 1221 Lamar Street, 16th Floor, Houston, TX 77010 + cokinoslaw.com
Respec ly submitted.
RUSSHLL W. TH
Document Filed Date
February 27, 2024
Case Filing Date
October 27, 2020
Category
Debt/Contract - Debt/Contract
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RUSSELL W. SMITH Principal COKINOS DIRECT EMAIL 713-535-5580 rwsmith@cokinoslaw.com February 27, 2024 The Honorable Kyle Carter Harris County Civil Courthouse 125th Judicial District Court 201 Caroline, 10th Floor Houston, Texas 77002 Via E-Service Re: RLB Contracting, Inc. v. MVP Terminalling, LLC, et. al; Cause No. 2020-68933; in the 125th Judicial District Court of Harris County, Texas Dear Judge Carter, We write to provide an update regarding the Court’s January 24, 2022, Order (attached hereto as Exhibit A) staying the above-referenced matter “until the First or Fourteenth Court of Appeals (or, if necessary, the Texas Supreme Court) rules on MVP’s mandamus petition.” On August 23, 2022, the Fourteenth Court of Appeals issued a Memorandum Opinion (attached hereto as Exhibit B) granting MVP’s mandamus petition with the following instructions: We direct the trial court to (1) issue a written order vacating its March 11, 2021 order denying MVP’s plea in abatement [Envelope No. 50107553] and its July 14, 2021 order denying MVP’s motion for clarification and reconsideration on its plea in abatement and motion to stay [Envelope No. 51879152] and (2) issue an order dismissing the Texas case. In response to the Fourteenth Court of Appeals’ Opinion, on January 9, 2023, RLB Contracting, Inc. (“RLB”) filed a Petition for Writ of Mandamus in the Texas Supreme Court. On January 13, 2023, the Texas Supreme Court issued an order (attached hereto as Exhibit C) staying the Fourteenth Court of Appeals’ instructions to this Court pending further order of the Texas Supreme Court. On January 26, 2024, the Texas Supreme Court denied RLB’s Petition for Writ of Mandamus and lifted its stay order issued January 13, 2023. A true and correct copy of the Texas Supreme Court’s Order is attached hereto as Exhibit D. Accordingly, and pursuant to the Fourteenth Court of Appeals’ instruction to this Court, MVP respectfully requests that this Court lift its stay on Cause No. 2020-68933 and issue a written order in compliance with the Fourteenth Court of Appeals’ instruction (1) vacating both the March 11, 2021, Order denying MVP’s Plea in Abatement and the July 14, 2021, Order denying MVP’s Motion for Clarification and Reconsideration; and (2) dismissing this case (Cause No. 2020-68933). Enclosed is a proposed Order for your consideration. COKINOS | YOUNG . Four Houston Center, 1221 Lamar Street, 16th Floor, Houston, TX 77010 + cokinoslaw.com Respec ly submitted. RUSSHLL W. TH