Opinion
01-23-00708-CV
11-16-2023
In re OxyVinyls, LP
164th District Court of Harris County Trial court number: 2022-09148
ORDER OF CLARIFICATION
APRIL FARRIS, JUDGE
On October 2, 2023, relator OxyVinyls, LP filed a petition for a writ of mandamus, requesting, in part, that this Court issue a writ of mandamus directing the trial court to rule on its motion to compel arbitration, which was filed by relator on April 18, 2023. In connection with its mandamus petition, relator also filed a "Motion for Temporary Relief and Stay of Trial Court Proceedings," in which relator requested a "stay of all trial court proceedings" pending the Court's review of the petition for writ of mandamus.
In its motion, relator noted that "the discovery deadline in this case [was] October 13, 2023, and trial [was] . . . set for November 13, 2023." On October 10, 2023, this Court granted, in part, relator's motion for temporary relief. Specifically, the stay imposed by the Court's October 10, 2023 Order was limited to a stay of the November 13, 2023 trial setting and a stay of discovery in the underlying trial court cause number.
On November 2, 2023, relator filed a reply in support of its mandamus petition. In its reply, relator noted that "on October 20, 2023 . . . the trial court emailed the parties informing [the parties] that [the trial court] 'would like to set [relator's] Motion to Compel [Arbitration] on the [trial] court[']s Law Day Docket.'" A hearing on relator's motion to compel arbitration was eventually set for November 8, 2023. On November 9, 2023, relator filed a letter with the Court stating that the parties appeared for the hearing, as set by the trial court, "[h]owever, the hearing on the Motion [to Compel Arbitration] did not proceed on the merits." Instead, according to relator, "the trial court stated that the case was stayed" and did not issue a ruling on relator's motion to compel arbitration.
Pursuant to the statements in relator's November 9, 2023 letter, we issue this order of clarification regarding our October 10, 2023 order. Relator's petition for writ of mandamus is currently under consideration by this Court. However, while the Court's October 10, 2023 Order stayed the November 13, 2023 trial setting, and further stayed any additional discovery pending this Court's resolution of relator's mandamus petition, nothing in our October 10, 2023 Order stayed any other proceedings in the trial court. Specifically, nothing in our October 10, 2023 Order would prevent, or otherwise limit, the trial court from considering the merits of, and ruling on, relator's motion to compel arbitration.
It is so ORDERED.