in Re Houston Progressive Radiology Associates, PLLC, Rodolfo L. Garcia, and Brandon C. Stroh

• Court: Court of Appeals of Texas
• Decided: June 27, 2014
• Docket: 01-14-00463-CV
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In re Houston Progressive Radiology Associates, PLLC, Rodolfo L. Garcia and Brandon C. Stroh

Appellate case number: 01-14-00463-CV

Trial court case number: 2014-12279

Trial court: 80th District Court of Harris County

Relators Houston Progressive Radiology Associates, PLLC, Rodolfo L. Garcia and Brandon C. Stroh have filed a petition for writ of mandamus directed at the district court’s order denying their plea in abatement and motion to dismiss the underlying lawsuit in favor of arbitration. Relators have also filed a parallel interlocutory appeal of that order, Houston Progressive Radiology Associates, PLLC, Rodolfo L. Garcia and Brandon C. Stroh v. Stephen B. Lee, M.D., P.A. a Texas Professional Association, Dean Paul Chauvin, Jr., M.D., P.A., a Texas Professional Association, and Michael Nguyen, M.D., 01-14-00467-CV. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.016 (West 2011); § 171.098 (West 2011). Relators have filed an Emergency Motion to Stay All Trial Court Proceedings Pending Appellate Review of Order Denying Arbitration. The motion is GRANTED; we STAY all proceedings in the trial court, including discovery, pending further order of this Court. See TEX. R. APP. P. 52.10. It is so ORDERED.

Judge’s signature: /s/ Rebeca Huddle _____  Acting individually  Acting for the Court

Date: June 27, 2014