Opinion
NUMBER 13-19-00088-CV
04-10-2019
SCI TEXAS FUNERAL SERVICES, L.L.C., ET AL., Appellants, v. CLAUDIA MONTOYA, INDIVIDUALLY AND AS NEXT FRIEND OF ORLANDO ODELL MONTOYA, JR., HERMINIA LISA MONTOYA, LYDIA MARIA MONTOYA, DENISE RENEE MONTOYA, AND DANIELLE NICOLE MONTOYA, Appellees.
On appeal from the 107th District Court of Cameron County, Texas
ORDER
Before Chief Justice Contreras and Justices Benavides and Hinojosa
Per Curiam Order
Appellants SCI Texas Funeral Services, L. L. C., et al. filed an accelerated appeal from the trial court's denial of its motion to compel arbitration. On April 9, 2019, Appellant filed a motion for emergency stay, including discovery, during the accelerated appeal. Appellants argue that its discovery responses are due on April 11, 2019. Appellants further argue that its right to arbitration will be diminished by incurring costs to respond to discovery in the judicial proceedings which may not need to be incurred during arbitration. Appellees, Claudia Montoya and the other Montoya family members dispute the validity of the arbitration agreement.
The Court, having examined and fully considered the emergency motion to stay, is of the opinion that the motion should be granted in part. The emergency motion to stay discovery is GRANTED and discovery is ordered STAYED pending further order of this Court, or until the case is finally decided. See TEX. R. APP. P. 52.10(b) ("Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided.").
The Court requests that the Appellees file a response to Appellants' motion for emergency relief on or before the expiration of ten days from the date of this order. See id. R. 52.2, 52.4, 52.8.
IT IS SO ORDERED.
PER CURIAM Delivered and filed the 10th day of April, 2019.