David J. Swearingen v. William L. Swearingen, II ( 2015 )

Order entered November 30, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01199-CV
DAVID J. SWEARINGEN, Appellant
V.
WILLIAM L. SWEARINGEN, II, Appellee
On Appeal from the 429th Judicial District Court
Collin County, Texas
Trial Court Cause No. 429-00454-2014
ORDER
Appellant has filed a petition for permissive interlocutory appeal pursuant to section
51.014(d) of the Texas Civil Practice and Remedies Code and Texas Rule of Appellate
Procedure 28.3. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d) (West Supp. 2015); TEX.
R. APP. P. 28.3. Section 51.014(d) and rule 28.3 afford parties an opportunity to appeal an
interlocutory order that would not otherwise be appealable. See TEX. CIV. PRAC. & REM. CODE
ANN. § 51.014(d); TEX. R. APP. P. 28.3. The order appellant seeks to appeal grants an application
to stay arbitration filed in accordance with section 171.023(a) of the civil practice and remedies
code. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.023(a) (West 2011). An appeal from an
order staying arbitration is authorized by the practice and remedies code. See id. §
171.098(a)(2). Accordingly, permission is unnecessary.
We construe appellant’s petition as a notice of accelerated appeal filed as of October 19,
2015. As the record has been filed, we ORDER appellant to file his brief on the merits no later
than December 21, 2015. See TEX. R. APP. P. 38.6(a).
/s/ CRAIG STODDART
JUSTICE