Opinion
14-21-00431-CV
03-28-2022
LENNAR HOMES OF TEXAS INC.; LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD.; LENNAR HOMES OF TEXAS SALES AND MARKETING, LTD., Appellants v. MOHAMMAD RAFIEI, Appellee
On Appeal from the 80th District Court Harris County, Texas Trial Court Cause No. 2021-11954
Panel Consists of Justices Jewell, Zimmerer, and Hassan.
ORDER
PER CURIAM.
This appeal concerns whether the parties' dispute should be compelled to arbitration. Presently before this court is appellants' emergency motion for temporary relief to stay trial court proceedings while this appeal is pending. In large part, the motion contends that whatever rights appellants have regarding litigating in an arbitral forum will be impaired if litigation in the trial court continues during this appeal. Appellee has filed a response.
This court is authorized to "make any temporary orders necessary to preserve the parties' rights until disposition of the appeal," including orders staying trial court proceedings. Tex.R.App.P. 29.3; see also Teran v. Valdez, 929 S.W.2d 37, 39 (Tex. App.-Corpus Christi 1996, no writ). After considering the motion and the response, we conclude appellants are entitled to stay trial court proceedings insofar as they require appellants to file dispositive motions and resolve claims at trial, though they are not otherwise entitled to relief. These are the only aspects of the litigation where we discern arbitral rights would be impaired in the event this case is ultimately ordered to arbitration.
Accordingly, appellants' emergency motion for temporary relief to stay trial court proceedings is hereby GRANTED IN PART to the extent it seeks a stay of requirements for appellants to file dispositive motions as well as trial of the claims in this case. The motion is otherwise DENIED IN PART to the extent it seeks further relief.