Opinion issued February 16, 2010

In The

Court of Appeals

For The

First District of Texas

NO. 01-09-00233-CV

IN RE JERRY ESSER, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

By petition for writ of mandamus, relator, Jerry Esser, challenges the trial court’s January 21, 2009 order compelling arbitration, seeks the appointment of an auditor to determine the commission, if any, owed to him, and seeks the immediate return of a sanctions fee.

We deny the petition for writ of mandamus.

Per Curiam 

Panel consists of Justices Keyes, Sharp, and Massengale.