Saturday, October 27, 2007
Motion to compel arbitration denied - No duty to arbitrate shown
In Re: Energy Maintentance Services Group LLC, No. 14-06-01085-CV (Tex.App. - Houston, Feb. 27, 2007)(Per Curiam)(mandamus to compel arbitration denied)(Before Justices Anderson, Hudson and Guzman) Appeal from 400th District Court of Fort Bend County (Hon. Vacek) ORIGINAL PROCEEDING WRIT OF MANDAMUS M E M O R A N D U M O P I N I O N On December 5, 2006, relator Energy Maintenance Services Group, L.L.C. filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. On December 7, 2006, relator also filed a motion for temporary relief seeking a stay of proceedings in the district court. In the petition and stay, relator asked this court to compel the Honorable Clifford Vacek, presiding judge of the 400th Judicial District Court of Fort Bend County, to stay all proceedings in the trial court, to set aside the ruling denying arbitration, and to compel arbitration of the claims of real parties Jim Sandt and Roxanne Sandt. Relator has not established that real parties have a duty to arbitrate the claims asserted in this case. We accordingly deny relator's petition for writ of mandamus and relator's motion for temporary relief. PER CURIAM Petition Denied and Memorandum Opinion filed February 27, 2007. Panel consists of Justices Anderson, Hudson, and Guzman.