Opinion
NUMBER 13-18-00063-CV
01-31-2018
HEB GROCERY COMPANY LP, Appellant, v. YOLANDA PEREZ, Appellee.
On Appeal from the County Court at Law No. 1 of Hidalgo County, Texas.
ORDER
Before Chief Justice Valdez and Justices Contreras and Benavides
Order Per Curiam
Appellant, HEB Grocery Company LP has filed a "Notice of Accelerated Appeal" and an emergency stay for temporary stay of further proceedings in the trial court. Appellant has appealed a January 22, 2018 order denying its motion to compel arbitration. See TEX. R. APP. P. 28.1(a); id. R. 29.3; TEX. CIV. PRAC. & REM. CODE ANN. § 51.016 (West, Westlaw through 2017 1st C.S.); id. § 171.098(a)(1) (West, Westlaw through 2017 1st C.S.). Appellant asserts that it is entitled to a stay of all proceedings in the trial court pending resolution of this appeal. The underlying case is a personal injury suit filed by Yolanda Perez against appellant for injuries sustained when Perez slipped and fell while working as a cashier at one of appellant's stores. Appellant asserts that Perez's claims are subject to arbitration based on agreements to arbitrate found in appellant's employment application, an authorization for medical information, and appellant's "Work Injury Benefit Plan."
The Court, having examined and fully considered the motion, is of the opinion that appellant is entitled to a stay of the trial court proceedings. Accordingly, we GRANT the motion for emergency stay and order the trial court proceedings STAYED pending further order of this Court.
IT IS SO ORDERED.
PER CURIAM Delivered and filed this the 31st day of January, 2018.