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Williamsburg Care Co. L.P. v. Soto

Court of Appeals of Texas, Fourth District, San Antonio

December 9, 2013

WILLIAMSBURG CARE COMPANY L.P. d/b/a Princeton Place Rehabilitation and Healthcare, Appellant
v.
Sylvia SOTO, Individually and as Representative of the Estate of Narcisa Dimas, Deceased, Ruby Buentello, Individually and as Representative of the Estate of Manuel Riojas Munoz, Deceased, and Adela Barboza, Individually, Appellees

From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-05792 Honorable John D. Gabriel, Jr., Judge Presiding

Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice

ORDER

KAREN ANGELINI, JUSTICE

In the underlying case, Appellant Williamsburg Care Co., L.P. d/b/a Princeton Place Rehabilitation and Healthcare ("Princeton Place") was sued by three different sets of plaintiffs: (1) those suing for claims related to Narcisa Dimas, deceased ("the Dimas Plaintiffs"); those suing for claims related to Erminio Rangel, deceased ("the Rangel Plaintiffs"); and those suing for claims related to Manuel Riojas Munoz, deceased ("the Munoz Plaintiffs"). Princeton Place moved to compel arbitration with respect to the Dimas Plaintiffs and the Munoz Plaintiffs. Princeton Place has now filed a notice of interlocutory appeal with respect to the trial court's orders on Princeton Place's respective motions to compel arbitration. Princeton Place has also filed a motion to stay the trial court proceedings pending this interlocutory appeal. The Rangel Plaintiffs have filed a response, explaining that "[t]here is no need to stay the trial court proceedings as to [the Rangel Plaintiffs'] claims in order to preserve [Princeton Place's] rights because [Princeton Place] has not asserted a right to arbitration with regard to [the Rangel Plaintiffs'] claims." Princeton Place has filed a reply, explaining that its request for a stay was limited to the trial court proceedings with respect to the Dimas and Munoz Plaintiffs, who are the subject of this interlocutory appeal. "Princeton Place is not opposed to a limited stay that would only stay the trial court proceedings" with respect to the claims brought as to the Dimas and Munoz Plaintiffs.

Accordingly, we GRANT Princeton Place's motion to stay proceedings. We ORDER the trial court proceedings in Cause No. 2013-CI-05792 stayed with respect to claims brought as to (1) Appellees/Plaintiffs Sylvia Soto, Individually and as Representative of the Estate of Narcisa Dimas, Deceased ("the Dimas Plaintiffs"); and (2) Appellees/Plaintiffs Debra Munoz, Individually and as Representative of the Estate of Manuel Riojas Munoz, Deceased, and Adela Barboza, Individually ("the Munoz Plaintiffs"). We ...


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