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in Re: Seven Hills Commercial, LLC

Citation: Not availableDocket: 05-13-01340-CV

Court: Court of Appeals of Texas; October 18, 2013; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the Fifth District of Texas at Dallas has granted a motion for clarification regarding an earlier order dated October 3, 2013. This motion was filed by relator Seven Hills Commercial, LLC on October 17, 2013. The clarification confirms that the October 3 order stays the trial court's orders from September 11, 2013, September 18, 2013, and September 19, 2013, which required the relator or any other individual to dismiss arbitration in California or to impose a permanent injunction against any actions related to the arbitration process. The stay is to remain in effect until a further order is issued by the Court.

Legal Issues Addressed

Duration of Stay Order

Application: The stay order from the appellate court is to remain in effect until further notice, indicating temporary suspension of lower court directives.

Reasoning: The stay is to remain in effect until a further order is issued by the Court.

Effect of Stay on Lower Court Orders

Application: The appellate court's stay prevents enforcement of specific trial court orders relating to arbitration proceedings.

Reasoning: The clarification confirms that the October 3 order stays the trial court's orders from September 11, 2013, September 18, 2013, and September 19, 2013, which required the relator or any other individual to dismiss arbitration in California or to impose a permanent injunction against any actions related to the arbitration process.

Jurisdiction of Appellate Court to Grant Stay

Application: The appellate court confirms its authority to stay lower court orders pending further review or clarification.

Reasoning: The Court of Appeals for the Fifth District of Texas at Dallas has granted a motion for clarification regarding an earlier order dated October 3, 2013.