Court of Civil Appeals of Texas, 2013

in Re: Seven Hills Commercial, LLC

in Re: Seven Hills Commercial, LLC
Court of Civil Appeals of Texas · Decided October 30, 2013

in Re: Seven Hills Commercial, LLC

Opinion

Order entered October 30, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01340-CV IN RE SEVEN HILLS COMMERCIAL, LLC, Relator Original Proceeding from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-12-06312-D ORDER Before Justices Bridges, Lang-Miers, and Lewis In accordance with the Court’s opinion issued this date, the petition for writ of mandamus is conditionally GRANTED. The Court ORDERS the trial judge, the Honorable Ken Tapscott, Judge of the County Court at Law No. 4 of Dallas County, to VACATE the portions of his September 11, 2013 order granting first amended application to stay and dismiss arbitration and denying plaintiff’s motion to compel arbitration and stay/abate or, alternatively, to compel arbitration and dismiss and of his September 18, 2013 amended order that require dismissal of the arbitration. Should the trial judge fail to comply with this order, the writ will issue. The Court ORDERS the trial judge to file with this Court, within thirty (30) days of the date of this order, a certified copy of his order issued in compliance with this order.

We ORDER that relator recover its costs of this original proceeding from real parties in interest.

/s/ DAVID LEWIS JUSTICE

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