Weingarten Realty Investors v. Miller

JERRY E. SMITH, Circuit Judge:

The district court denied a motion to compel arbitration. Defendant Stewart Miller appealed, and the district court denied his motion for a stay pending appeal. Miller appeals the denial of a stay, and plaintiff Weingarten Realty Investors (“WRI”) moves for summary affirmance of the denial of the motion to compel. We conclude that there is no automatic stay and that under the circumstances of this case, Miller is not entitled to a stay. The motion for summary affirmance is carried with the case.

I

WRI and Miller Sheriden, LLC (“Miller Sheriden”), created a joint…