Opinion
13-23-00538-CV
12-11-2023
In re Sasha Perez
On appeal from the 28th District Court of Nueces County, Texas.
Before Chief Justice Contreras and Justices Benavides and Tijerina
ORDER
PER CURIAM.
This is an accelerated appeal challenging the trial court's denial of a motion to compel arbitration filed by appellant Neutron Holdings, Inc. d/b/a Lime. Appellant has filed a motion to stay the proceedings in the trial court in this case pending our resolution of this appeal, which appellee Sasha Perez opposes. According to appellant, in its denial of appellant's motion to compel arbitration, the trial court also ordered that Perez would be allowed to take the deposition of appellant's corporate representative and that appellant "must provide dates for such deposition within 14 days of the court order" or by December 12, 2023. Appellant argues that "[i]f the court-ordered deposition goes forward, [it] will be subject to discovery and other procedural obligations that the parties agreed to avoid under" its arbitration agreement. Therefore, according to appellant, "if the deposition is allowed to proceed while this interlocutory appeal is pending, the Court will not be able to restore the status quo and this appeal will become moot." Appellant prays that we grant its motion and stay all proceedings in the trial court in this cause.
Appellant also has filed a motion to stay the proceedings in the trial court when it files an anticipated petition for writ of mandamus on a future date. Appellant further prays that we stay the proceedings in the trial court due to its anticipated filing of the petition for writ of mandamus.
The Court, having examined and fully considered the emergency motion to stay the proceedings in this accelerated appeal is of the opinion that the motion to stay should be granted. The motion is granted, and we stay all proceedings in the trial court pending further order of this Court. See Tex. R. App. P. 29.3. The motion to stay proceedings in a future mandamus is denied as moot. We further request a response to appellant's motion for stay from appellee within ten (10) days of this order.