in Re NCP Finance Limited Partnership and NMCapital, Inc.

Opinion

Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Rebecca Simmons, Justice

Delivered and Filed: September 15, 2010

PETITION FOR WRIT OF MANDAMUS DENIED

On September 1, 2010, relators filed a petition for writ of mandamus and a motion for

temporary relief. The court has considered relators’ petition and motion and is of the opinion

that relators are not entitled to the relief sought. See TEX. CIV. PRAC. & REM. CODE ANN.

§ 51.016 (Vernon Supp. 2009) (interlocutory order in matter subject to Federal Arbitration Act

appealable); Hydro Management Systems, LLC v. Jalin, Ltd., No. 04-09-00813-CV, 2010 WL

1817813, at *1 (Tex. App.—San Antonio May 5, 2010, no pet.) (denial of motion to compel

based on Federal Arbitration Act is reviewed by interlocutory appeal); In re Hydro Management

Systems, L.L.C., No. 04-09-00808-CV, 2009 WL 5062320, at *1 (Tex. App.—San Antonio Dec.

23, 2009, orig. proceeding) (denying mandamus relief because relator had adequate remedy by

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This proceeding arises out of Cause No. 2009-CI-19255, styled Humberto Escatiola v. Ace Credit Services, LLC, NCP Finance Limited Partnership and NMCapital, Inc., pending in the 150th Judicial District Court, Bexar County, Texas, the Honorable Antonia Arteaga presiding.

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