Opinion
01-24-00419-CV
06-18-2024
Trill Burgers LLC, Trill Burgers 3607 LLC, Trill Tenders LLC, Bernard Freeman, Andy Nguyen, and Nicolas Scurfield v. Benson Vivares and Patsy Vivares
189th District Court of Harris County Trial court case number: 2023-56337
ORDER
April Farris Judge.
Appellants, Trill Burgers LLC, Trill Burgers 3607 LLC, Trill Tenders LLC, Bernard Freeman, Andy Nguyen, and Nicolas Scurfield, appealed from the trial court's May 24, 2024 Temporary Injunction Order. The trial court's Temporary Injunction Order is an appealable interlocutory order. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4); Tex.R.App.P. 28.1(a). Appellant Trill Burgers LLC filed a second notice of appeal challenging the trial court's June 11, 2024 order denying its "Motion to Compel Arbitration and Stay Proceedings."
On June 14, 2024, appellants filed an "Emergency Motion for Temporary Relief to Stay Enforcement of Temporary Injunction and Trial Court Proceedings." In their motion, appellants request that the Court "issue temporary orders staying enforcement of the trial court's Temporary Injunction Order against [a]ppellants and any further proceedings in the trial court," pending the Court's determination of this appeal. See Tex. R. App. P. 29.3. Appellants argue that the requested relief is appropriate because, among other reasons, the Temporary Injunction Order is "void on its face because it does not include an order setting the cause for trial on the merits," and because the trial court entered the Temporary Injunction Order despite that appellants moved to enforce a mandatory arbitration clause included in the "Limited Liability Company Operating Agreement for Trill Burgers LLC."
Appellants' motion includes a certificate of conference stating that appellees, Benson Vivares and Patsy Vivares, are opposed to the relief requested in the motion. See Tex. R. App. P. 10.1(a)(5). The Court requests appellees file a response to appellants' motion within seven days from the date of this order.
It is so ORDERED.