Parrish & Co., Inc. and East Point Installers, Inc. v. Vincent Polidore ( 2021 )

FILE COPY Fourth Court of Appeals San Antonio, Texas October 4, 2021 No. 04-21-00290-CV PARRISH & CO., INC. and East Point Installers, Inc., Appellants v. Vincent POLIDORE, Appellee From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2020-CI-11827 Honorable Cynthia Marie Chapa, Judge Presiding ORDER Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Lori I. Valenzuela, Justice This is an interlocutory appeal from the trial court’s denial of appellants’ motion to compel arbitration. On September 17, 2021, appellee filed a motion to dismiss this appeal asserting (1) appellants appeal should be dismissed for want of prosecution because they failed to timely-file their brief and (2) this court lacks jurisdiction to consider an appeal from the trial court’s denial of appellants’ motion to reconsider the denial of its motion to compel arbitration. On September 27, 2021, appellants filed a response. On August 19, 2021, this court issued an order stating appellants’ brief was due September 6, 2021. Appellants filed their brief on September 3, 2021. Appellants’ notice of appeal clearly states they wish to appeal from the trial court’s denial of their motion to compel arbitration, not the denial of their motion for reconsideration. Appellee’s motion to dismiss is DENIED. Appellee is reminded that his brief is due October 4, 2021. _________________________________ Lori I. Valenzuela, Justice FILE COPY IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of October, 2021. ___________________________________ MICHAEL A. CRUZ, Clerk of Court