in Re: Energy Maintentance Services Group LLC

• Court: Court of Appeals of Texas
• Decided: February 27, 2007
• Docket: 14-06-01085-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 27, 2007

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 27, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-01085-CV

IN RE ENERGY MAINTENANCE

SERVICES GROUP, L.L.C., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On December 5, 2006, relator Energy Maintenance Services Group, L.L.C. filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  On December 7, 2006, relator also filed a motion for temporary relief seeking a stay of proceedings in the district court.  In the petition and stay, relator asked this court to compel the Honorable Clifford Vacek, presiding judge of the 400th Judicial District Court of Fort Bend County, to stay all proceedings in the trial court, to set aside the ruling denying arbitration, and to compel arbitration of the claims of real parties Jim Sandt and Roxanne Sandt.

Relator has not established that real parties have a duty to arbitrate the claims asserted in this case.  We accordingly deny relator=s petition for writ of mandamus and relator=s motion for temporary relief.

PER CURIAM

Petition Denied and Memorandum Opinion filed February 27, 2007.

Panel consists of Justices Anderson, Hudson, and Guzman.