In Re Villarreal

Court of Appeals of Texas

In Re Villarreal

303 S.W.3d 892, 2010 Tex. App. LEXIS 692, 2010 WL 324541

Court of Appeals of Texas·Decided January 13, 2010·No. 05-10-00023-CV·Published

Opinion

OPINION NUNC PRO TUNC

Opinion by

Justice FILLMORE.

Relator contends the trial court erred in denying his motion to compel arbitration. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has an adequate remedy on appeal. See Tex. Civ. PRAC. & Rem.Code Ann. § 51.016 (Vernon Supp. 2009); Tex. R.App. P. 52.8(a); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex.2004) (orig. proceeding). Accordingly, we DENY relator’s petition for writ of mandamus. As a result of this ruling, relator’s Motion for Temporary Relief Pending Writ of Mandamus is MOOT.

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OPINION NUNC PRO TUNC

Opinion by

Justice FILLMORE.

Relator contends the trial court erred in denying his motion to compel arbitration. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has an adequate remedy on appeal. See Tex. Civ. PRAC. & Rem.Code Ann. § 51.016 (Vernon Supp. 2009); Tex. R.App. P. 52.8(a); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex.2004) (orig. proceeding). Accordingly, we DENY relator’s petition for writ of mandamus. As a result of this ruling, relator’s Motion for Temporary Relief Pending Writ of Mandamus is MOOT.

In Re Villarreal, 303 S.W.3d 892, 2010 Tex. App. LEXIS 692, 2010 WL 324541 (Tex. Ct. App. 2010).

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Opinion

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