Opinion
NO. 14-17-00503-CV
05-10-2018
NATGASOLINE LLC AND ORASCOM E&C USA INC., Appellants v. REFRACTORY CONSTRUCTION SERVICES, CO. LLC, Appellee
On Appeal from the 122nd District Court Galveston County, Texas
Trial Court Cause No. 17-CV-0149
ABATEMENT ORDER
This is an interlocutory appeal from an order signed May 24, 2017, entitled "Order Granting Plaintiff's Motion to Compel Alternative Dispute Resolution as to All Claims and All Parties, or in the Alternative, Denying Defendants Natgasoline and Orascom's Motion to Stay the Entire Case Pending Alternative Dispute Resolution Between Orascom and Crawford."
We are abating the appeal to allow the trial court to clarify its intent in signing the May 24, 2017 order and indicate whether the order is intended to direct that (1) a single arbitration proceeding shall occur involving all parties and all claims; or (2) is instead intended to direct only that arbitration proceedings shall occur, while leaving it up to the arbitrator(s) to decide whether there will be a single proceeding or multiple proceedings.
Accordingly, we order the appeal abated and remand this case to the trial court so that the trial court may sign a Nunc Pro Tunc order clarifying its intent. A supplemental clerk's record containing the Nunc Pro Tunc order shall be filed with the clerk of this court on or before June 8, 2018.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the supplemental clerk's record is filed in this court. The court also will consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing, if a hearing is required, in compliance with this court's order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date.
PER CURIAM Panel consists of Justices Boyce, Christopher, and Busby.