in Re MacGregor (FIN) Oy

• Court: Court of Appeals of Texas
• Decided: November 10, 2005
• Docket: 01-02-01318-CV
• Status: Published

Opinion

Opinion issued November 10, 2005     

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-01318-CV

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IN RE MACGREGOR (FIN) OY, Relator

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Original Proceeding on Petition for Writ of Mandamus

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SUPPLEMENTAL OPINION ON REMAND

          On July 10, 2003, we issued our original opinion in the above-referenced cause. See In re MacGregor (FIN) OY, 126 S.W.3d 176, 184–85 (Tex. App.—Houston [1st Dist.] 2003, orig. proceeding). On May 20, 2005, the Texas Supreme Court conditionally granted mandamus relief and ordered this Court to “vacate its order compelling KBR to ‘arbitrate all claims.’” In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 742 (Tex. 2005). In our July 10, 2003 opinion, we decreed:

          The trial court is ordered to vacate its order denying MacGregor’s plea in abatement and motion to compel arbitration, to issue an order compelling KBR to arbitrate all claims, and to stay all proceedings pending arbitration. Only if the trial court fails to comply with these directions shall we instruct the clerk to issue the writ.

In re MacGregor, 126 S.W.3d at 184–85. In accordance with the supreme court’s order, we vacate only the hereinabove-quoted decree of our July 10, 2003 opinion and issue the following decree in its stead:

The trial court is ordered to vacate its order denying MacGregor’s plea in abatement and motion to compel arbitration and to stay all proceedings pending arbitration. Only if the trial court fails to comply with these directions shall we instruct the clerk to issue the writ.

Evelyn V. Keyes

                                                                                  Justice

Panel consists of Justices Taft, Nuchia, and Keyes.