Come and stay awhile

Originally published by David Coale.

Section 171.025 of the Civil Practice & Remedies Code says: “The court shall stay a proceeding that involves an issue subject to arbitration if an order for arbitration or an application for that order is made under this subchapter.” The dispute in In re: Baby Dolls Topless Saloon involved a mandamus petition from a defendant’s perceived inability to obtain an order implementing this stay, during its interlocutory appeal from denial of its motion to compel arbitration.

The panel majority denied the petition, finding  that “Relators’ previously-filed interlocutory appeal negates their ability to demonstrate the second requirement” for mandamus relief–the lack of remedy by appeal. A dissent would have granted a stay as part of resolution of the mandamus petition, expressin “concern . . . with the period of time between the filing of an appeal from an order denying a request for arbitration and its submission to a panel with authority to dispose of it on the merits.” No. 05-20-00015-CV (Feb. 24, 2020) (mem. op.) b

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