HOUSTON – An appeals court has denied a request to stay proceedings after it found that the relators didn't provide sufficient evidence to argue the claim.
On Oct. 16, the 14th Court of Appeals denied a writ of mandamus petition filed by Diogu Law Firm PPLC and Diogu K. Diogu II.
"With certain exceptions, to obtain mandamus relief relator must show both that the trial court clearly abused its discretion and that relator has no adequate remedy by appeal. Relators have not shown that the trial court clearly abused its discretion or that they lack an adequate remedy by appeal," the court wrote.
According to the ruling, representatives from Diogu argued that "the trial court had no authority to continue proceedings in this case after they non-suited their claims."
They then orally non-suited the claim under Texas Civil Procedure 162, requesting that the case be dismissed.
Texas Rule of Civil Procedure 162 reads as follows; "At any time before the plaintiff has introduced all of his evidence other than rebuttal evidence, the plaintiff may dismiss a case, or take a non-suit, which shall be entered in the minutes."
In addition to filing the petition asking the courts to stay all the trial proceedings, an emergency motion "asking this court to stay all proceedings in the trial court pending our resolution of the petition" was also filed in a district court in Fort Bend County, according to the ruling.
After the petition was filed, a motion to dismiss from the defendants was filed. The ruling states "relators orally non-suited their claims under Texas Rule of Civil Procedure 162 and argued their non-suit mooted the motion to dismiss."
The trial court denied the non-suit, granted the motion to dismiss, and announced it would hold a hearing on the defendants’ request for attorneys’ fees and sanctions under the Texas Citizens Participation Act, according to the ruling.