NUMBER 13-15-00246-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
STRIPES LLC, Appellant,
v.
HAZZEM MRAYYAN, Appellee.
On appeal from the County Court at Law No. One
of Nueces County, Texas.
ORDER
Before Justices Rodriguez, Garza, and Longoria
Order Per Curiam
On June 1, 2015 this Court granted appellant Stripes LLC’s motion for an
emergency stay pending appeal of a hearing set for June 4, 2015 on appellee’s motion
to lift the trial court’s previous order staying the case pending binding arbitration. At this
Court’s request, appellee filed a response the same day.
Appellant argues that if the trial court rules on appellee’s motion then it will interfere
with this Court’s jurisdiction over appellant’s appeal of the temporary injunction.
However, the Supreme Court of Texas discourages postponing a trial on the merits
while awaiting rulings on an appeal of a temporary injunction “absent compelling
circumstances.” Coal. of Cities for Affordable Util. Rates v. Third Court of Appeals, 787
S.W.2d 946, 947 (Tex.1990) (per curiam); see TEX. R. CIV. P. 683 (“The appeal of a
temporary injunction shall constitute no cause for delay of the trial”). Appellant makes
several arguments regarding the possible effect of the trial court’s decision on the merits
of appellee’s motion, but an appeal of a temporary injunction may not be used to obtain
an advance decision on the merits of a case. In re Tex. Bd. of Pardons & Paroles, 989
S.W.2d 360, 362 (Tex. 1998) (orig. proceeding); Iranian Muslim Org. v. City of San
Antonio, 615 S.W.2d 202, 208 (Tex.1981).
The Court, having examined and fully considered the motion for emergency stay,
appellee’s response, and the exhibits attached to both documents, is of the opinion that
the stay should be lifted. Accordingly, the stay imposed by our order of June 1, 2015
is hereby LIFTED.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
4th day of June, 2015.