Court of Civil Appeals of Texas, 2022

in Re M&M Industrial Services, Inc.

in Re M&M Industrial Services, Inc.
Court of Civil Appeals of Texas · Decided December 12, 2022

in Re M&M Industrial Services, Inc.

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-22-00410-CV __________________

IN RE M&M INDUSTRIAL SERVICES, INC. __________________________________________________________________ Original Proceeding 60th District Court of Jefferson County, Texas Trial Cause No. B-209,929 __________________________________________________________________ ORDER M&M Industrial Services, Inc., Relator, filed a petition for a writ of mandamus and a motion for temporary relief. See Tex. R. App. P. 52. Relator is a defendant in Trial Cause Number B-209,929, Ezequiel Rodriguez v. M&M Industrial Services, Inc. Relator seeks a writ compelling the Honorable Justin Sanderson, Judge of the 60th District Court of Jefferson County, Texas, to vacate an order denying a motion to compel arbitration and to grant an order compelling arbitration. See Tex. Gov’t Code Ann. § 22.221.

Relator requests that all further proceedings in the trial court be stayed while this Court considers the mandamus petition.1 The Court finds temporary relief is necessary to prevent undue prejudice. It is ORDERED that all further trial court proceedings in Trial Cause Number B-209,929 are STAYED until our opinion issues or until further order of this Court. See Tex. R. App. P. 52.10(b). No bond is required of Relator as a condition to any relief herein granted.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED December 12, 2022.

PER CURIAM Before Golemon, C.J., Kreger and Horton, JJ.

As of this date, the Court has not received a notice of accelerated appeal of the trial court’s order denying the motion to compel arbitration under the Federal Arbitration Act. See Tex. Civ. Prac. & Rem. Code Ann. § 51.016; see also Tex. R. App. P. 26.1(b). The appellate court may issue a stay order in either a mandamus proceeding or an accelerated appeal. See Tex. R. App. P. 29.3; 52.10.

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