Tiffanny Jones, M.D. and TJONESIVFMD, PLLC v. Frisco Fertility Center, PLLC, D/B/A Dallas IVF ( 2021 )

Order entered October 18, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00008-CV
TIFFANNY JONES, M.D. AND TJONESIVFMD, PLLC, Appellant
V.
FRISCO FERTILITY CENTER, PLLC, D/B/A DALLAS IVF, Appellee
On Appeal from the 471st Judicial District Court
Collin County, Texas
Trial Court Cause No. 471-02739-2020
ORDER
Before Justices Molberg, Nowell, and Goldstein
Before the Court is Appellee’s Second Emergency Rule 29.3 Motion filed
on September 22, 2021, Appellants’ Response filed on October 11, 2021, and
Appellee’s Motion for Leave to File Reply in Support of Second Emergency Rule
29.3 Motion filed on October 13, 2021.
We GRANT appellee’s motion for leave to file a reply.
While the trial court’s temporary injunction order set an October 18, 2021
trial date, it also ordered that the temporary injunction “will continue in force until
completion of final trial/hearing on the merits before the American Arbitration
Association (‘AAA’) and the execution of a final judgment in this Cause at the
conclusion of such arbitration, or until further order of this Court or the agreement
of the parties.” Cf. Senter Investments, L.L.C. v. Veerjee, 358 S.W.3d 841, 845–46
(Tex. App.—Dallas 2012, no pet.) (rejecting appellant’s argument that a temporary
injunction order that did not include a trial date order was void because, after the
trial court compelled arbitration, “[a]ny trial setting would be abated pending the
resolution of the arbitration proceeding and would serve little purpose”).
Accordingly, we DENY Appellee’s second rule 29.3 motion to the extent
that it seeks to extend the temporary injunction order’s trial date. But we GRANT
the motion for emergency relief to the extent of confirming that the trial court’s
order remains in place and is not suspended during this appeal, or alternatively so
order. See TEX. R. APP. P. 29.3 (“When an appeal from an interlocutory order is
perfected, the appellate court may make any temporary orders necessary to
preserve the parties’ rights until disposition of the appeal and may require
appropriate security.”).
/s/ KEN MOLBERG
JUSTICE