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IN RE ETBS

Court of Appeals of Texas, Fifth District, Dallas
Jul 10, 2007
No. 05-07-00562-CV (Tex. App. Jul. 10, 2007)

Opinion

No. 05-07-00562-CV

Opinion issued July 10, 2007.

Original Proceeding from the 401st Judicial District Court Collin County, Texas, Trial Court Cause No. 401-0136-05.

Before Justices WRIGHT, O'NEILL, and LANG.


MEMORANDUM OPINION


In this petition for writ of mandamus, relator contends the trial court abused its discretion by entering the Order of Abatement and Order Compelling Binding Arbitration. The facts are well known to the parties so we need not recount them herein. Based on the record before us, we conclude the relator did not meet its "`particularly heavy'" burden in showing "`clearly and indisputably that the district court did not have the discretion to stay the proceedings pending arbitration.'" See In re Palacios, 221 S.W.3d 564, 565-66 (Tex. 2006) (quoting Apache Bohai Corp., LDB v. Texaco China, B.V., 330 F.3d 307, 310-11 (5th Cir. 2003)). Accordingly, we DENY mandamus relief.


Summaries of

IN RE ETBS

Court of Appeals of Texas, Fifth District, Dallas
Jul 10, 2007
No. 05-07-00562-CV (Tex. App. Jul. 10, 2007)
Case details for

IN RE ETBS

Case Details

Full title:IN RE ETBS, INC., FORMERLY BOB THOMPSON HOMES, INC., Relator

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

Date published: Jul 10, 2007

Citations

No. 05-07-00562-CV (Tex. App. Jul. 10, 2007)