Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 22, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-03-01450-CV

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IN RE WHATABURGER, INC., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On December 31, 2003, relator filed a petition for writ of mandamus in this Court seeking to compel the trial judge to set aside his order denying relator=s motion to compel arbitration.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon Supp. 2003); see also Tex. R. App. P. 52. 

Because we find the trial court did not abuse its discretion, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed January 22, 2004.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.