in Re William O. Wiley, Wiley Lease Co., Ltd., W. Disposal Services, LLC. and Gaydos Vac Services, LLC. ( 2019 )

Fourth Court of Appeals San Antonio, Texas September 23, 2019 No. 04-19-00652-CV William O. WILEY, Wiley Lease Co., Ltd., W. Disposal Services, LLC. and Gaydos Vac Services, LLC., Appellants v. WILLIAM ENERGY SERVICES, LLC, Appellees From the 81st Judicial District Court, Atascosa County, Texas Trial Court No. 19-09-0837-CVA Honorable Lynn Ellison, Judge Presiding ORDER Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice William O. Wiley, Wiley Lease Co., Ltd., W. Disposal Services, LLC, and Gaydos Vac Services, LLC seek to appeal a temporary restraining order signed by the trial court on September 16, 2019, and the trial court’s failure to rule on their motions to dissolve the temporary restraining order and to compel arbitration. Appellants have also filed an emergency motion to stay enforcement of the temporary restraining order. The court concludes it lacks jurisdiction over the interlocutory appeal and therefore lacks jurisdiction to issue a temporary order under Rule of Appellate Procedure 29.3. Because appellants request in the alternative “temporary relief . . . based on a petition for a writ of mandamus,” we will construe the Emergency Motion to Stay Enforcement of Temporary Restraining Order as a motion for temporary relief under rule 52.10 of the Texas Rules of Appellate Procedure. We order the Clerk of this court to docket the motion as a filing in an original mandamus proceeding, which will proceed under this cause number. However, the motion for temporary relief will not be considered or ruled upon until a petition for a writ of mandamus that complies with rule 52.3 has been filed. If no petition for a writ of mandamus that complies with TRAP 52.3 is filed by October 4, 2019, the original proceeding will be dismissed for lack of prosecution. It is so ORDERED on this 23rd day of September, 2019. PER CURIAM ATTESTED TO: ___________________________ KEITH E. HOTTLE, Clerk of Court