Levy Rentals, LLC and Brian Levy v. T&C Investments, LLC

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00320-CV
Levy Rentals, LLC and Brian Levy, Appellants
v.
TC&C Investments, LLC, Appellee
FROM THE 21ST DISTRICT COURT OF BASTROP COUNTY,
NO. 1638-21, THE HONORABLE CARSON TALMADGE CAMPBELL, JUDGE PRESIDING
ORDER
PER CURIAM
In this interlocutory appeal from the trial court’s order denying their motion to
abate and compel arbitration, Levy Rentals, LLC and Brian Levy have filed a motion to stay the
underlying proceedings. On July 13, 2021, this Court requested a response from appellee
TC&C Investments, LLC to be filed on or before July 23, 2021. To date, appellee has not filed
a response.
We grant appellants’ motion and stay the underlying proceeding until disposition
of this appeal or further order from this Court. See Tex. R. App. P. 29.3 (authorizing appellate
court to make temporary orders to preserve parties’ rights until disposition of appeal); see also
Tex. Civ. Prac. & Rem. Code § 171.025(a) (requiring court to stay proceeding involving issue
subject to arbitration if application for order is made under subchapter).
It is ordered on August 30, 2021.
Before Justices Goodwin, Baker, and Smith