IN RE FIRST MTGE OF AMERICA

Full title: IN RE FIRST MORTGAGE OF AMERICA, INC. D/B/A COLEMAN HOMES, Relator

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Oct 9, 2003

No. 05-03-01294-CV (Tex. App. Oct. 9, 2003)

Opinion

No. 05-03-01294-CV.

Opinion issued October 9, 2003.

Original Proceeding from the County Court at Law No. 3, Dallas County, Texas, Trial Court Cause No. cc-02-09151-c.

Writ of Mandamus Granted.

Before Justices WRIGHT, MOSELEY, and RICHTER.

MEMORANDUM OPINION

Opinion By Justice CAROLYN WRIGHT.

Relator contends the trial judge erred in not compelling arbitration. The facts of this original proceeding are known to the parties so we do not recite them here. Further, because all dispositive issues are clearly settled in law, we issue this memorandum opinion pursuant to rule 52.8(d) of the Texas Rules of Appellate Procedure. See Tex.R.App.P. 52.8(d). This Court expressly disapproves of costly, dilatory arbitration tactics that unnecessarily invoke the judicial process in matters of contractual agreements to arbitrate. However, we ultimately conclude the trial judge abused her discretion in not compelling arbitration. Accordingly, we conditionally GRANT relator's petition. Should the trial court fail to compel arbitration within thirty days of the date of this opinion, the writ will issue. See Tex.R.App.P. 52.8( a); In re Bruce Terminix, 988 S.W.2d 702, 704 (Tex. 1998); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266 (Tex. 1992).