in Re M&M Industrial Services, Inc. ( 2022 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-22-00410-CV
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IN RE M&M INDUSTRIAL SERVICES, INC.
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Original Proceeding
60th District Court of Jefferson County, Texas
Trial Cause No. B-209,929
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ORDER
M&M Industrial Services, Inc., Relator, filed a petition for a writ of
mandamus and a motion for temporary relief. See Tex. R. App. P. 52. Relator is a
defendant in Trial Cause Number B-209,929, Ezequiel Rodriguez v. M&M Industrial
Services, Inc. Relator seeks a writ compelling the Honorable Justin Sanderson, Judge
of the 60th District Court of Jefferson County, Texas, to vacate an order denying a
motion to compel arbitration and to grant an order compelling arbitration. See Tex.
Gov’t Code Ann. § 22.221.
1
Relator requests that all further proceedings in the trial court be stayed while
this Court considers the mandamus petition.1 The Court finds temporary relief is
necessary to prevent undue prejudice. It is ORDERED that all further trial court
proceedings in Trial Cause Number B-209,929 are STAYED until our opinion issues
or until further order of this Court. See Tex. R. App. P. 52.10(b). No bond is required
of Relator as a condition to any relief herein granted.
MOTION FOR TEMPORARY RELIEF GRANTED.
ORDER ENTERED December 12, 2022.
PER CURIAM
Before Golemon, C.J., Kreger and Horton, JJ.
1
As of this date, the Court has not received a notice of accelerated appeal of
the trial court’s order denying the motion to compel arbitration under the Federal
Arbitration Act. See Tex. Civ. Prac. & Rem. Code Ann. § 51.016; see also Tex. R.
App. P. 26.1(b). The appellate court may issue a stay order in either a mandamus
proceeding or an accelerated appeal. See Tex. R. App. P. 29.3; 52.10.
2