Opinion
No. 04-18-00348-CV
06-01-2018
ANDERSON-JENKINS SIGNATURE HOMES, LTD. and Anderson-Jenkins Signature Homes GP, LLC, Appellants v. BENJAMIN RANDOLPH ALLEN, III and Kelley P. Allen, Appellees
From the 451st Judicial District Court, Kendall County, Texas
Trial Court No. 17-148
Honorable Bill R. Palmer, Judge Presiding
ORDER
On May 24, 2018, the trial court rendered an order denying a motion to compel arbitration and stay trial proceedings filed by appellants, Anderson-Jenkins Signature Homes, Ltd. and Anderson-Jenkins Signature Homes, LLC. Thereafter, on May 25, 2018, appellants filed a notice of appeal, challenging the trial court's order. Also that same day, appellants filed in this court a motion to stay trial proceedings, requesting a stay of proceedings in the trial court pending resolution of their interlocutory appeal. In its motion, appellants state that trial is set for June 25, 2018 and argue if trial proceedings commence during the pendency of their appeal, then their appeal would become moot. On May 29, 2018, appellees, Benjamin Randolph Allen, III and Kelley P. Allen, filed a response, arguing we should deny the requested stay because appellants have failed to provide us with a copy of the arbitration agreement and they have waived their right to arbitrate by substantially participating in the litigation process. Appellees further argue a stay of the proceedings would cause them to sustain additional damages because the litigated construction defects will continue to cause damage to the structural integrity of their home.
After review, we GRANT appellants' motion to stay trial proceedings and ORDER all proceedings pending in Cause No. 17-148 in the 451st Judicial District Court of Kendall County stayed until further order of this court.
We order the clerk of this court to serve a copy of this order on the trial court and all counsel.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of June, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court