IN THE
TENTH COURT OF APPEALS
No. 10-08-00315-CV
LDF Construction, Inc., Lynn D. Foster,
Mark W. Todd Architects, Inc. and
Mark W. Todd,
Appellants
v.
Sam Bryan, Connie Bryan, and Sammy
R. Bryan, DDS, P. A.,
Appellees
No. 10-08-00348-CV
IN RE LDF CONSTRUCTION, INC. AND LYNN D. FOSTER
Original Proceeding
And
10-08-00407-CV
IN RE MARK TODD AND MARK W. TODD ARCHITECTS
Original Proceeding
From the 278th District Court
Walker County, Texas
Trial Court No. 24,273
ORDER
Mark W. Todd Architects and Mark Todd, individually, and LDF Construction, Inc. and Lynn Foster, individually, appealed the trial court’s orders denying their motions to compel arbitration. That appeal was assigned case number 10-08-00315-CV. LDF Construction, Inc. and Lynn Foster, individually, also filed a petition for writ of mandamus regarding the order of the trial court denying arbitration as it applied to them. That mandamus proceeding was assigned case number 10-08-00348-CV. Mark W. Todd Architects and Mark Todd, individually have now also filed a petition for writ of mandamus regarding the order of the trial court denying arbitration as it applied to them. That mandamus proceeding was assigned case number 10-08-00407-CV.
Briefing
Despite the Court’s efforts to coordinate briefing and responses to keep repetition to a minimum in all the cases, the briefing and response schedules have become inconsistent. This order hereby sets aside any prior orders and establishes the briefing and response schedule for each of the proceedings.
Appeal
In 10-08-00315-CV, the brief of Sam Bryan, Connie Bryan, and Sammy R. Bryan, DDS, P.A., responsive to the brief filed on October 13, 2008 by LDF Construction, Inc. and Lynn Foster, individually, which is currently past due, is ordered to be filed by December 29, 2008.
In 10-08-00315-CV, the brief of Sam Bryan, Connie Bryan, and Sammy R. Bryan, DDS, P.A., responsive to the brief filed on November 17, 2008 by Mark W. Todd Architects and Mark Todd, individually, is ordered to be filed by December 29, 2008.
Mandamus I
In 10-08-00348-CV, the response of Sam Bryan, Connie Bryan, and Sammy R. Bryan, DDS, P.A., and of any other person whose interest may be affected by the trial court’s judgment, to the petition for writ of mandamus filed on October 13, 2008 by LDF Construction, Inc. and Lynn Foster, individually, is ordered to be filed by December 29, 2008.
Mandamus II—Response Requested
In 10-08-00407-CV, the Court also requests a response from any person whose interest would be directly affected by the relief sought in the petition filed by Mark W. Todd Architects and Mark Todd, individually. Tex. R. App. P. 52.2, 52.4. Any response is ordered to be filed by December 29, 2008.
Party References
Because there are multiple parties involved in each of these three proceedings, the Court requests that the parties refer to themselves by name and not party position in any correspondence or document filed with the Court. If a reference to the party’s position would be helpful, a parenthetical as to that position may be added.
Submission
The mandamus proceedings were initially shown to have been submitted on the date each was filed. The submission of each mandamus proceeding, 10-08-00348-CV and 10-08-00407-CV, is set aside. The mandamus proceedings will be set for submission in conjunction with the direct appeal, 10-08-00315-CV, at which time the three proceedings will also be evaluated for submission on oral argument.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Order issued and filed December 17, 2008