COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: In re TSG Industries, LLC, Relator Appellate case number: 01-16-00597-CV Trial court case number: 2016-17829 Trial court: 269th District Court of Harris County On December 6, 2016, this Court’s Order granted the relator’s motion for temporary relief, and ordered that the trial court’s July 1, 2016 order compelling arbitration is stayed, pending this Court’s disposition of the petition. See TEX. R. APP. P. 52.10(b). On January 16, 2017, relator filed a request for oral argument on relator’s mandamus petition, seeking to have oral argument to assist this Court in considering the recent Texas Supreme Court opinion in G.T. Leach Builders v. Sapphire, 458 S.W.3d 502 (Tex. 2015), as it applied In re Kellogg Brown & Root, 166 S.W.3d 732 (Tex. 2005).

After a review of the petition, in which relator did not request oral argument, and the response filed by RPI Skystone, neither party cited to G.T. Leach Builders, which was issued before the petition. See TEX. R. APP. P. 38.1(e), 39.7 (stating that “[a] party desiring oral argument must note that request on the front cover of the party’s brief,” [b]ut even if a party has waived oral argument, the court may direct the party to appear and argue.”). Although the response cited to Kellogg, relator did not file a reply.

Accordingly, the Court construes this request as a motion, but DENIES the relator’s motion for oral argument without prejudice to relator making such request for argument on the front cover of its reply. See id. 2, 39.7, 52.5. The reply by relator, if any, which may address any matter in RPI Skystone’s response, including its references to Kellogg, must be filed with this Court within 10 days of the date of this Order. See id. 2, 38.6(c), 52.5.

It is so ORDERED.

Judge’s signature: _/s/ Laura Carter Higley Acting individually Date: January 24, 2017