Opinion
No. 05-18-00472-CV
05-11-2018
TODD DYER, PHRK INTERVENTION, INC., PHRK INTERVENTION, LLC, AND SOUTHSIDE DEVICE, LLC, Appellants v. MEDOC HEALTH SERVICES, LLC, AND TOTAL RX CARE, LLC, Appellees
On Appeal from the 14th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-18-00822
ORDER
Before Justices Francis, Evans, and Schenck
Before the Court is appellees' emergency motion to lift the section 51.014(b) stay of all trial court proceedings, as well as appellants' response to the motion and appellees' reply in support of the motion. In the motion, appellees ask this Court to partially lift the stay to allow them to enforce a previously-issued temporary restraining order, proceed with expedited discovery and a May 17, 2018 temporary injunction hearing, continue the case against the other defendants, and allow the trial court to hear and decide their motion for attorney's fees and costs incurred defending against appellants' motion to dismiss.
A court of appeals is permitted to lift the automatic stay for limited purposes. See State v. Signal Drilling, LLC, No. 07-17-00412-CV, 2018 WL 542716, at *1 (Tex. App.—Amarillo Jan. 23, 2018, no pet.); Bishop v. City of Austin, No. 03-16-00580-CV, 2016 WL 5349384, at *1 (Tex. App.—Austin Sept. 20, 2016, no pet.).
We conclude, however, that lifting the stay is not warranted here. See In re Elevacity, LLC, No. 05-18-00135-CV, 2018 WL 915031, at *1 (Tex. App.—Dallas Feb. 16, 2018, orig. proceeding) (the automatic stay under section 51.014(b) stays both the temporary restraining order and its expiration date) (citing In re Office of Attorney Gen., 257 S.W.3d 695, 697 (Tex. 2008) and In re MetroPCS Commc'ns, Inc., 391 S.W.3d 329, 341 (Tex. App.-Dallas 2013, orig. proceeding)); see also Sheinfeld, Maley & Kay, P.C. v. Bellush, 61 S.W.3d 437, 439 (Tex. App.—San Antonio 2001, no pet.) ("[T]he stay set forth in section 51.014 is statutory and allows no room for discretion."); In re Texas Educ. Agency, 441 S.W.3d 747, 750 (Tex. App.—Austin 2014, orig. proceeding) (quoting Sheinfeld).
Accordingly, we DENY the motion.
/s/ MOLLY FRANCIS
JUSTICE