Opinion
01-24-00780-CV
12-17-2024
Damari Duarte Rodriguez, d/b/a Duarte Family Clinic v. Amrit Thandi, MD, PA and Amrit Thandi, MD, Individually
151st District Court of Harris County Trial court case number: 2021-63494
ORDER
Amparo Monique Guerra, Judge
Appellant, Damari Duarte Rodriguez, doing business as Duarte Family Clinic, filed an interlocutory appeal from the trial court's September 23, 2024 "Order Denying Motion to Modify Injunction" and October 10, 2024 "Order Denying Motion to Reconsider." See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4) (allowing interlocutory appeal from order granting or refusing temporary injunction or granting or overruling motion to dissolve temporary injunction). On December 11, 2024, appellees, Amrit Thandi, MD, PA and Amrit Thandi, MD, individually, filed a "Motion for Emergency Relief to Lift the Automatic Stay."
In their motion, appellees requested that this Court "lift the automatic stay" of trial court proceedings pending this interlocutory appeal, specifically to allow appellees "to proceed with the hearings on their Motion to Compel and Motion for Contempt." Appellees contend that an automatic stay of trial court proceedings is in place pursuant to subsection 51.014(b) of the Texas Civil Practices and Remedies Code. While appellees' motion stated that a stay of trial court proceedings is in place, the Court's records do not contain, and appellees have not provided, any evidence of a stay, such as a trial court order.
Despite appellees assertion that an "automatic stay" is in place pursuant to subsection 51.014(b), the statute does not provide for an automatic stay of trial, or trial court proceedings, in connection with an interlocutory appeal under subsection 51.014(a)(4). See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(b) ("An interlocutory appeal under Subsection (a), other than an appeal under Subsection (a)(4) . . . stays the commencement of trial in the trial court pending resolution of the appeal.") (emphasis added); see also Pedernales Elec. Coop., Inc. v. White, No. 03-21-00034-CV, 2021 WL 401982, at *3 (Tex. App.-Austin Feb. 4, 2021, no pet.) (mem. op.) (noting that subsection 51.014(b) provides for automatic stay of commencement of trial pending resolution of interlocutory appeal, other than for interlocutory appeals under subsection 51.014(a)(4)).
Therefore, because no automatic stay of trial court proceedings could be in effect pursuant to subsection 51.014(b), and appellees have not provided this Court with evidence that an automatic stay is in effect, the relief requested by appellees, lifting the automatic stay, is not available. Accordingly, we deny as moot appellees' "Motion for Emergency Relief to Lift the Automatic Stay."
It is so ORDERED.