Oxbow Calcining LLC v. Port Arthur Steam Energy, LP

• Court: Court of Appeals of Texas
• Decided: September 20, 2018
• Docket: 09-18-00359-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00359-CV ____________________

OXBOW CALCINING LLC, Appellant

V.

PORT ARTHUR STEAM ENERGY, LP, Appellee ________________________________________________________________________

On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-201,894 ________________________________________________________________________

ORDER

The appellant, Oxbow Calcining LLC (Oxbow), filed a motion to stay all trial

court proceedings and discovery during the pendency of their appeal from an order

denying a motion to compel arbitration and from an order granting post-judgment

turnover relief. Appellee, Port Arthur Steam Energy, LP (PASE), filed a response.

Both parties filed several replies and sur-replies.

1 When an appeal is perfected, we may make such orders as are necessary to

preserve the parties’ rights until disposition of the appeal. See Tex. R. App. P. 2,

24.4(c), and 29.3.

We grant a temporary stay and STAY the enforcement of the Turnover Order

and discovery in Cause Number E-201,894, until further order of this Court. We

further ORDER the trial court to conduct a hearing and make appropriate orders

pursuant to Tex. R. App. P. 24 and 24.2. Any documents filed, orders signed, and

the transcript of a Rule 24 hearing held by the trial court shall be forwarded to this

Court as a supplemental record no later than Friday, October 19, 2018.

We do not abate the appeal at this time and all appellate deadlines remain in

effect.

ORDER ENTERED September 20, 2018.

PER CURIAM

Before McKeithen, C.J., Kreger and Johnson, JJ.