Opinion
No. 04-04-00303-CV
Delivered and Filed: May 19, 2004.
This proceeding arises out of Cause No. 290386, styled Michael Doddridge v. Drivetime Car Sales, Inc. d/b/a Drivetime, pending in the County Court at Law No. 7, Bexar County, Texas, the Honorable Karen Crouch presiding.
Motion for Temporary Relief Denied; Petition for Writ of Mandamus Denied.
Sitting: Alma L. LÓPEZ, Chief Justice, Paul W. GREEN, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
On May 5, 2004, relator Drivetime Car Sales, Inc. filed a petition for writ of mandamus, alleging the trial court abused its discretion by refusing to rule on Drivetime's motion to compel arbitration until after the real party in interest takes a limited deposition of Drivetime's employee on issues related solely to the validity of the arbitration agreement. This court has determined that the relator is not entitled to the relief sought. Accordingly, relator's petition for writ of mandamus is denied. — The Forms Directory in Transfer contains an order to be used when an petition fails to meet the technical requirements of the rules. I prefer to rule on the merits. If a defect exists, it can be ordered corrected when a response is requested. — See Tex.R.App.P. 52.8(a). Relator's motion for temporary relief is denied. Relator shall pay all costs incurred in this proceeding.