Agilex Supply Chain, LLC v. Baker Hughes Oilfield Operations, LLC

Motion Granted and Order filed July 18, 2019
In The
Fourteenth Court of Appeals
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NO. 14-18-01112-CV
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AGILEX SUPPLY CHAIN, LLC, Appellant
V.
BAKER HUGHES OILFIELD OPERATIONS, LLC, Appellee
On Appeal from the 11th District Court
Harris County, Texas
Trial Court Cause No. 2018-66289
ORDER
This is an accelerated appeal from the denial of a motion to dismiss under the
Texas Citizens Participation Act. See Tex. Civ. Prac. & Rem. Code Ann.
§ 51.014(a)(12). All proceedings in the trial court were automatically stayed when
the appeal was perfected. See id. § 51.014(b). Appellee has filed an unopposed
motion to lift the stay for the limited purpose of allowing appellee to nonsuit two
parties1 in the court below (not parties on appeal) with whom appellee has settled.
A court of appeals may not lift the stay under section 51.014(b) when one
party opposes such action. See In re Geomet Recycling LLC, No. 18-0443, __
S.W.3d __, 2019 WL 2482125, at *2, *6 (Tex. June 14, 2019) (orig. proceeding).
However, the court of appeals may lift the stay if the parties so agree. Id. at *2 n.1
(“Although the stay is mandatory, like most other legal rights its application may be
waived by agreement of the parties.”).
Accordingly, we grant appellee’s motion. The stay imposed by section
51.014(b) is lifted for the limited purpose of allowing appellee to nonsuit the settling
parties.
PER CURIAM
1
Kemlon Products & Development Group, Inc. and US Synthetic Corporation.
2