Opinion
13-23-00520-CV
03-26-2024
COREY CONSTRUCTION GP, LLC F/K/A H & S BUILDING MATERIAL, LP D/B/A H & S SHEETMETAL, AND H & S ROOFING, Appellants, v. PASSCO COMPANIES, LLC, PASSCO MANAGEMENT SERVICES, LP, PASSCO TRIBUTE DST, PASSCO TRIBUTE, LLC, PASSCO TRIBUTE MT, LLC, CONTINENTAL REAL ESTATE COMPANIES D/B/A CONTINENTAL BUILDING SYSTEMS, AND CONTINENTAL SAN ANTONIO, LLC, Appellees.
ON APPEAL FROM THE 73RD DISTRICT COURT OF BEXAR COUNTY, TEXAS
Before Chief Justice Contreras and Justices Longoria and Peña
ORDER OF ABATEMENT
PER CURIAM
Appellants Corey Construction GP, LLC f/k/a H & S Building Material, LP d/b/a H & S Sheetmetal, and H & S Roofing have filed a brief challenging the trial court's order, dated October 26, 2023, partially lifting a stay it had previously imposed in connection with ongoing arbitration proceedings. Appellees Passco Companies, LLC, Passco Management Services, LP, Passco Tribute DST, Passco Tribute, LLC, Passco Tribute MT, LLC, Continental Real Estate Companies d/b/a Continental Building Systems, and Continental San Antonio, LLC filed an appellees' brief, and appellants filed a reply brief.
Having reviewed the record and the parties' briefs, this Court observes that the parties do not address whether this Court has jurisdiction over this appeal. Accordingly, we hereby ORDER the parties to file supplemental briefs addressing this issue. See Tex. R. App. P. 38.7. The briefs shall specifically address whether the Texas Arbitration Act or Federal Arbitration Act applies to this case and whether the trial court's October 26, 2023 order is subject to interlocutory appeal under the applicable law.
Appellants shall file their supplemental brief within thirty (30) days from the date of this order. Appellees shall file their responsive supplemental brief, if any, within thirty (30) days from the date appellants' supplemental brief is filed. This appeal is ABATED and removed from the Court's active docket until receipt of the requested briefing or until further order of this Court.