Court of Civil Appeals of Texas, 2005

In Re MacGregor (FIN) Oy

In Re MacGregor (FIN) Oy
Court of Civil Appeals of Texas · Decided November 10, 2005 · Evelyn v. Keyes
174 S.W.3d 419; 2005 Tex. App. LEXIS 9329; 2005 WL 3005488 (South Western Reporter, Third Series)

In Re MacGregor (FIN) Oy

Opinion

SUPPLEMENTAL OPINION ON REMAND

EVELYN V. KEYES, Justice.

On July 10, 2003, we issued our original opinion in the above-referenced cause. See In re MacGregor (FIN) Oy, 126 S.W.3d 176,184-85 (Tex.App.-Houston [1st Dist.] 2003, orig. proceeding). On May 20, 2005, the Texas Supreme Court conditionally granted mandamus relief and ordered this Court to “vacate its order compelling KBR to ‘arbitrate all claims.’ ” In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 742 (Tex. 2005). In our July 10, 2003 opinion, we decreed:

The trial court is ordered to vacate its order denying MacGregor’s plea in abatement and motion to compel arbitra *420 tion, to issue an order compelling KBR to arbitrate all claims, and to stay all proceedings pending arbitration. Only if the trial court fails to comply with these directions shall we instruct the clerk to issue the writ.

In re MacGregor, 126 S.W.3d at 184-85. In accordance with the supreme court’s order, we vacate only the herein above-quoted decree of our July 10, 2003 opinion and issue the following decree in its stead:

The trial court is ordered to vacate its order denying MacGregor’s plea in abatement and motion to compel arbitration and to stay all proceedings pending arbitration. Only if the trial court fails to comply with these directions shall we instruct the clerk to issue the writ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.