Opinion
01-24-00348-CV
06-06-2024
John Cangelosi, M.D. v. Sagis PLLC
295th District Court of Harris County Trial court number: 2023-75082
ORDER
April Farris, Judge
Appellant, John Cangelosi, M.D., filed a notice of appeal from the trial court's May 7, 2024 "Order Denying [Appellant's] Motion to Compel Arbitration and Stay Litigation." The trial court's order denying appellant's motion to compel arbitration is an appealable interlocutory order. See Tex. Civ. Prac. & Rem. Code Ann. § 51.016; Tex.R.App.P. 28.1(a).
On May 10, 2024, appellant filed a "Motion for Temporary Order." In his motion, appellant requests that the Court enter a "temporary order staying the trial court proceedings while this appeal proceeds." See Tex. R. App. P. 29.3. Appellant contends that the stay is "necessary to prevent the benefits of arbitration being lost" while this Court considers his appeal from the trial court's order denying the motion to compel arbitration, noting that appellee, Sagis PLLC, has a motion for summary judgment set for hearing on June 17, 2024. Accordingly, a stay is necessary to protect the rights of the parties, and to prevent the trial court from entering an order that interferes with the jurisdiction of this Court.
Appellant's motion includes a certificate of conference stating that counsel for appellant "communicated with counsel for [a]ppellee," but at that time, counsel for appellee was "unsure whether they would oppose or not oppose" the motion for temporary order. See Tex. R. App. P. 10.1(a)(5). However, on May 14, 2024, appellant notified the Court that counsel for appellee subsequently notified appellant that "it does not oppose the stay requested" in the motion for temporary order.
Appellant's motion is granted. We stay all trial court proceedings in trial court case number 2023-75082. The stay imposed by this order remains in effect until the disposition of this appeal or further order of this Court.
It is so ORDERED.