Opinion
03-16-00611-CV
09-15-2016
Bruce Craig, Tyler Craig, and Tejas Vending, LP, Appellants v. Tejas Promotions, LLC, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 261ST JUDICIAL DISTRICT
NO. D-1-GN-16-001959 , HONORABLE RHONDA HURLEY, JUDGE PRESIDING ORDER
PER CURIAM
Appellants, Bruce Craig, Tyler Craig, and Tejas Vending, LP, have filed with this Court an "Emergency Motion to Stay Trial Court Proceedings" seeking to invoke and have enforced the automatic stay provided by Civil Practice and Remedies Code Section 51.014(b) pending our resolution of their interlocutory appeal from the district court's denial of their motion to dismiss under the Texas Citizens Participation Act. '"[T]he stay set forth in section 51.014 is statutory and allows no room for discretion."' Accordingly, we are compelled to grant appellants' motion and order all trial-level proceedings stayed pending resolution of appellants' interlocutory appeal.
See Tex. Civ. Prac. & Rem. Code § 51.014(a) (12) (authorizing interlocutory appeal of order denying motion to dismiss under section 27.003 of Civil Practice and Remedies Code), § 51.014(b) (with exceptions not applicable here, interlocutory appeal under subsection (a) "stays the commencement of a trial in the trial court pending resolution of the appeal," and appeal under subsection (a)(12) "stays all other proceedings" in trial court pending resolution of appeal).
In re Texas Educ. Agency, 441 S.W.3d 747, 750 (Tex. App.—Austin 2014, orig. proceeding) (citing Sheinfeld, Maley & Kay, P.C. v. Bellush, 61 S.W.3d 437, 439 (Tex. App.—San Antonio 2001, no pet.); Tarrant Reg'l Water Dist. v. Gragg, 962 S.W.2d 717, 718 (Tex. App.—Waco 1998, no pet.)). --------
We express no opinion at this juncture as to whether or not appellee Tejas Promotions, LLC, may continue to pursue its claim for costs and attorney's fees under TCPA Section 27.009(b)—i.e., pick up where it left off when the stay took effect—when and in the event we ultimately affirm the district court's order denying appellants' dismissal motion.
It is ordered on September 15, 2016. Before Justices Puryear, Pemberton, and Field