in Re Next Financial Group, Inc.

• Court: Court of Appeals of Texas
• Decided: January 10, 2008
• Docket: 14-08-00005-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 10, 2008

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 10, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00005-CV

IN RE NEXT FINANCIAL GROUP, INC., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On January 9, 2008, relator 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. Proc. 52.  In the petition, relator asks this court to compel Honorable Ken Wise, presiding judge of the 152nd  District Court of Harris County, to vacate his order denying relator=s motion to compel arbitration and to enter an order granting such motion and staying the underlying proceeding.

Because relator failed to comply with the requirements of the Rules of Appellate Procedure, it has not established entitlement to the extraordinary relief sought.  See Tex. R. App. Proc. 52.3 (A[a]ll factual statements in the petition must be verified by affidavit made on personal knowledge@).  Accordingly, we deny relator=s petition for writ of mandamus, without prejudice to our reconsideration of the petition upon presentation of a properly conforming verification.

PER CURIAM

Petition Denied and Memorandum Opinion filed January 10, 2008.

Panel consists of Chief Justice Hedges and Justices Anderson and Boyce.