in Re: Golden Corral Corporation

• Court: Court of Appeals of Texas
• Decided: February 15, 2007
• Docket: 13-07-00016-CV
• Status: Published

Opinion

NUMBER 13-07-016-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: GOLDEN CORRAL CORPORATION

On Petition for Writ of Mandamus and

Motion for Emergency Temporary Relief

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Benavides

Memorandum Opinion Per Curiam

On January 11, 2007, relator, Golden Corral Corporation, filed a petition for writ of mandamus with this Court in which they allege that on November 15, 2006, the respondent, the Honorable Arnoldo Cantu, Jr., Presiding Judge of the County Court at Law No. 5 in Hidalgo County, Texas, abused his discretion by denying relator's motion to compel arbitration and motion to stay litigation proceedings.

Relator's petition for writ of mandamus asks this Court to order the respondent to vacate the November 15, 2006 order, and enter an order compelling arbitration between relator, Golden Corral Corporation, and real party in interest, Pablo De La Rosa, and to stay litigation proceedings.

Having examined and fully considered the petition for writ of mandamus and the response of the real parties in interest, this Court is of the opinion that the relator has not shown itself entitled to the relief sought. See Tex. R. App. P. 52.8(a).

The petition for writ of mandamus is DENIED.

PER CURIAM

Memorandum Opinion delivered and

filed this the 15th day of February, 2007.