Home/Court of Appeals of Texas/United Supermarkets, L.L.C. v. Sandra Ramirez

United Supermarkets, L.L.C. v. Sandra Ramirez

CourtCourt of Appeals of Texas
DecidedFebruary 17, 2010
Docket07-10-00043-CV
StatusPublished

This text of United Supermarkets, L.L.C. v. Sandra Ramirez (United Supermarkets, L.L.C. v. Sandra Ramirez) 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.

Bluebook
United Supermarkets, L.L.C. v. Sandra Ramirez, (Tex. Ct. App. 2010).

Opinion

NO. 07-10-0043-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

FEBRUARY 17, 2010

______________________________

UNITED SUPERMARKETS, L.L.C., APPELLANT

V.

SANDRA RAMIREZ, APPELLEE

_________________________________

FROM THE 99TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2008-545,560; HONORABLE WILLIAM C. SOWDER, JUDGE

_______________________________

Before QUINN, C.J., and CAMBPELL and PIRTLE, JJ.

ORDER FOR MODIFICATION PURSUANT TO RULE TEX. R. APP. P. 27.2

            On December 29, 2009, Appellee, Sandra Ramirez, a United Supermarkets, L.L.C. employee, was awarded damages from an arbitrator. United Supermarkets filed a notice of appeal challenging the arbitrator's award on January 28, 2010.  Upon review of the notice of appeal, this Court questioned whether the document was an appealable order.  See Tex. Civ. Prac. & Rem. Code Ann. § 171.098(a) (Vernon 2005).  By letter dated February 5, 2010, United Supermarkets was directed to show cause why the appeal should not be dismissed for want of jurisdiction. 

            United Supermarkets filed a response explaining it had filed an Application to Vacate, Modify, or Correct the Arbitrator's Award which has yet to be decided and had filed the notice of appeal out of an abundance of caution.  United Supermarkets requests this appeal not be dismissed pending a final ruling from the trial court which will result in a final, appealable order.

            This Court withholds dismissal of the appeal and sua sponte abates the appeal for sixty days from the date of this order to allow United Supermarkets to take action to modify the arbitrator's award so as to be made final and appealable.  See Tex. R. App. P. 27.2.   See also Iacono v. Lyons, 6 S.W.3d 715 (Tex.App.--Houston [1st Dist.] 1999, no pet.).  All appellate timetables will begin to run from the date a final, appealable order is signed.

            It is so ordered.

                                                                                    Per Curiam

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United Supermarkets, L.L.C. v. Sandra Ramirez, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-supermarkets-llc-v-sandra-ramirez-texapp-2010.