Premier Small Business Services, Inc. D/B/A Payroll Vault v. ARC Primary Care, LLC

NUMBER 13-26-00262-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

PREMIER SMALL BUSINESS
SERVICES, INC. D/B/A PAYROLL
VAULT, Appellant,

v.

ARC PRIMARY CARE, ET AL., Appellees.

ON APPEAL FROM THE 476TH DISTRICT COURT
OF HIDALGO COUNTY, TEXAS

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices West and Cron
Memorandum Opinion by Chief Justice Tijerina

Appellant Premier Small Business Services Inc. d/b/a Payroll Vault filed a notice

of appeal from an “Order Granting Defendants’ Motion to Stay Enforcement” issued in

trial court cause number C-5570-25-M in the 476th District Court of Hidalgo County,
Texas. On April 10, 2026, the Clerk of the Court notified appellant that it appeared that

appellant was attempting to appeal a non-appealable order, requested appellant to

correct this defect within ten days, and advised appellant that the appeal would be

dismissed if the defect was not corrected. See TEX. R. APP. P. 42.3(a), (c). Thereafter,

appellant filed an unopposed motion to abate the briefing schedule in this case pending

the resolution of a related original proceeding pending in our appellate cause number 13-

26-00284-CV. Appellant “contend[ed] that the Court does not have jurisdiction over this

appeal,” and that mandamus was the more appropriate vehicle to resolve the case.

Appellant advised the Court that once the mandamus was decided, the Court could

dismiss this appeal. Appellant also requested that we dispose of the appeal without

briefing, if appropriate. On April 23, 2026, we granted appellant’s motion, in part, and

abated the appeal. We carried appellant’s motion with the case, in part, as to appellant’s

request to proceed without briefing.

We have now resolved the related original proceeding. See In re Premier Small

Bus. Servs., Inc., No. 13-26-00284-CV, 2026 WL _____, at *__ (Tex. App.—Corpus

Christi–Edinburg May __, 2026, orig. proceeding) (mem. op.). Accordingly, we reinstate

this appeal. We dismiss appellant’s motion to proceed without briefing as moot. We

dismiss this appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).

JAIME TIJERINA
Chief Justice

Delivered and filed on the
13th day of May, 2026.

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