Amarillo II Enterprises, LLC D/B/A Amarillo Center for Skilled Care Creative Solutions in Healthcare, Inc. Paula Flores And Todd Gudgell v. Thomas Sames, M.D.
This text of Amarillo II Enterprises, LLC D/B/A Amarillo Center for Skilled Care Creative Solutions in Healthcare, Inc. Paula Flores And Todd Gudgell v. Thomas Sames, M.D. (Amarillo II Enterprises, LLC D/B/A Amarillo Center for Skilled Care Creative Solutions in Healthcare, Inc. Paula Flores And Todd Gudgell v. Thomas Sames, M.D.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-16-00473-CV
AMARILLO II ENTERPRISES, LLC D/B/A AMARILLO CENTER FOR SKILLED CARE; CREATIVE SOLUTIONS IN HEALTHCARE, INC.; PAULA FLORES; AND TODD GUDGELL, APPELLANTS
V.
THOMAS SAMES, M.D., APPELLEE
On Appeal from the 181st District Court Potter County, Texas Trial Court No. 105779-B, Honorable John B. Board, Presiding
February 8, 2017
Order on Abatement Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Amarillo II Enterprises, LLC d/b/a Amarillo Center for Skilled Care, Creative
Solutions Healthcare, Inc., Paula Flores and Todd Gudgell (appellants) appeal from the
denial of their motion to stay the underlying litigation pending resolution of binding
arbitration. Thomas Sames, appellee, filed a petition to investigate a potential claim or
claims against appellants pursuant to Texas Rule of Civil Procedure 202 which was
granted by the trial court. Appellants filed this appeal regarding their motion to stay the proceedings pending arbitration. They also filed an original proceeding for mandamus
relief from the court’s order granting the 202 petition. This court conditionally granted
the mandamus in cause number 07-17-00005-CV on February 3, 2017. In that opinion,
we ordered the trial court to “1) vacate its December 20, 2016 order (and all subsequent
orders) granting Sames discovery under Texas Rule of Civil Procedure 202.1 et seq,
and 2) determine whether the parties executed an enforceable arbitration clause
encompassing the issues to be asserted in the anticipated suit of Sames as explained in
his live Rule 202 pleading.” We gave the trial court thirty days from the February 3rd
date to comply. Because the issue in the present appeal involves the same issue of
arbitration as was in the mandamus, we abate the appeal pending the trial court’s
compliance of this court’s directive. All appellate deadlines will be held in abeyance
until further order of the court.
It is so ordered.
Per Curiam
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