Opinion
No. 04-13-00819-CV
11-25-2013
THE FREDERICKSBURG CARE COMPANY L.P. d/b/a Princeton Place Rehabilitation and Healthcare Medical Center, Appellant v. Janie RODRIGUEZ Individually as Representative of the Estate of Benita Ybarra Deceased Arnulfo C. Ybarra Jr Individually Irma C. Jennings Individually and Arnulfo N. Ybarra Individually, Appellees
From the 438th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-CI-08982
Honorable John D. Gabriel, Jr., Judge Presiding
ORDER
On May 29, 2013, Appellees filed a wrongful death and survival action against Appellant The Fredericksburg Care Company. On November 1, 2013, the trial court denied Appellant's motion to compel arbitration. Appellant timely filed a notice of accelerated, interlocutory appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.016 (West Supp. 2013).
On November 22, 2013, Appellant filed a motion to stay all proceedings in the trial court pending resolution of the interlocutory appeal.
Appellant's motion is GRANTED. We ORDER that all further proceedings at the trial court level in cause number 2013-CI-08982 are STAYED pending further order of this court or resolution of this appeal numbered 04-13-00819-CV. See id. § 171.025 (West 2011); TEX. R. APP. P. 29.3, 29.5; In re Merrill Lynch Trust Co. FSB, 235 S.W.3d 185, 195 (Tex. 2007) ("Both the Federal and Texas Arbitration Acts require courts to stay litigation of issues that are subject to arbitration."); see also In re Valero Energy Corp., 968 S.W.2d 916, 916 (Tex. 1998) (per curiam) (noting with approval that the appellate court "stayed the trial court proceedings pending resolution of the interlocutory appeal" of an order denying a motion to compel arbitration).
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Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of November, 2013.
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Keith E. Hottle
Clerk of Court