NUMBER 13-16-00293-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
G. T. LEACH BUILDERS, L.L.C.-RESIDENTIAL,
G. T. LEACH CONSTRUCTION, L.P.,
AND GARY T. LEACH, Appellants,
v.
SAPPHIRE CONDOMINIUMS ASSOCIATION, INC., Appellee.
____________________________________________________________
On appeal from the 138th District Court
of Cameron County, Texas.
____________________________________________________________
ORDER
Before Chief Justice Valdez and Justices Garza and Longoria
Order Per Curiam
Appellants, G. T. Leach Builders, L.L.C.-Residential, G. T. Leach Construction,
L.P., and Gary T. Leach, have filed a “Motion for Stay Pending Accelerated Appeal, and
Alternatively, Petition for Writ of Mandamus to Enforce Mandatory Statutory Stay.”
Appellants have appealed a May 19, 2016 order denying their application to compel
arbitration under Chapter 171 of the Texas Civil Practice and Remedies Code. See
TEX. CIV. PRAC. & REM. CODE ANN. §§ 171.021, .025 (West, Westlaw through 2015 R.S.).
Appellants seek an order staying the underlying litigation pending resolution of this
appeal under section 171.025 of the Texas Civil Practice and Remedies Code and
various provisions of the Texas Rules of Appellate Procedure. See id. § 171.025; TEX.
R. APP. P. 29.3, 29.5, 29.6. According to appellants, requiring them to participate in
discovery on the merits, pretrial preparation and a trial of potentially arbitrable issues
while their appeal is pending would impair or render moot the effectiveness of the relief
sought through the appeal.
Having reviewed and fully considered appellants’ motion, we GRANT the motion
in part, DENY it in part, and DISMISS it in part. We GRANT the motion insofar as we
order the trial court proceedings STAYED pending further order of this Court. We
DENY the motion insofar as appellants request that we stay the litigation pending
resolution of any future appeal in the Texas Supreme Court. We DISMISS the motion
as moot insofar as we are addressing appellants’ motion through this pending
interlocutory appeal, and thus the requested alternative relief of a petition for writ of
mandamus is moot.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
23rd day of June, 2016.
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