Opinion
No. 04-19-00073-CV
03-19-2019
ADVANCED FOUNDATION REPAIR, L.P. and Structural Repair, LLC, Appellants v. Jose MENENDEZ and Nicole Newman-Menendez, Appellees
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CI02654
Honorable Norma Gonzales, Judge Presiding
ORDER
Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice
Before this court is appellees' motion to dismiss and appellant's motion to stay the trial court proceedings. Appellees argue this appeal should be dismissed because appellants have failed to file a docketing statement. Because appellants have filed a docketing statement, appellees' motion is dismissed as moot.
Appellant's motion to stay the trial court proceedings is granted. We order that the trial proceedings are stayed pending the disposition of this appeal. See TEX. R. APP. 29.5(b) (prohibiting the trial court from interfering with or impairing "the jurisdiction of the appellate court or effectiveness of any relief sought or that may be granted on [interlocutory] appeal"); In re Merrill Lynch Tr. Co. FSB, 235 S.W.3d 185, 196 (Tex. 2007) (orig. proceeding) (stating an arbitration "proceeding must be given priority so that it is not rendered moot by deciding the same issues in court"); see, e.g., John Saenz & Associates, P.C. v. RGV Premier Scan LLC, No. 04-18-00366-CV, 2018 WL 4903051, at *1 (Tex. App.—San Antonio Oct. 10, 2018, no pet.) (mem. op.) (per curiam) (granting motion to stay trial proceedings in appeal of interlocutory order denying motion to compel arbitration).
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of March, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court