Opinion
NO. 09-12-00211-CV
05-11-2012
IN RE RAYMOND JAMES FINANCIAL SERVICES, INC. AND TIMOTHY CARL SATRE
Original Proceeding
MEMORANDUM OPINION
Raymond James Financial Services, Inc. and Timothy Carl Satre seek mandamus and temporary relief from an order permitting discovery "on the limited issue of arbitrability" after the trial court delayed ruling on relators' motion to compel arbitration. Having reviewed the mandamus record, we conclude that the trial court did not abuse its discretion. See In re Houston Pipe Line Co., 311 S.W.3d 449, 451 (Tex. 2009) ("Pre-arbitration discovery is expressly authorized under the Texas Arbitration Act when a trial court cannot fairly and properly make its decision on the motion to compel because it lacks sufficient information regarding the scope of an arbitration provision or other issues of arbitrability.").
We note, however, that relators' objections to the discovery, if any, are not yet due nor have any objections been presented to the trial court. In this situation, discovery must be limited to obtaining information regarding the scope of the arbitration provision or a defense to the provision. Id. The trial court has not yet had an opportunity to consider the relators' specific objections to the discovery requests, if any. We are confident that the trial court will limit discovery to the narrow confines permitted by Houston Pipe Line Co. See id. at 451-52. Accordingly, we deny the relators' petition for writ of mandamus and motion for stay of discovery without prejudice.
PETITION DENIED.
PER CURIAM Before Gaultney, Kreger, and Horton, JJ.