Oxbow Calcining LLC v. Port Arthur Steam Energy, LP

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-18-00359-CV

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OXBOW CALCINING LLC, Appellant V.

PORT ARTHUR STEAM ENERGY, LP, Appellee

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On Appeal from the 172nd District Court Jefferson County, Texas

Trial Cause No. E-201,894

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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.

2

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.