G. T. Leach Builders, L. L. C-Residential, G. T. Leach Construction, L. P. and Gary T. Leach v. Sapphire Condominiums Association, Inc.

Opinion

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.

Delivered and filed the 23rd day of June, 2016.