In re Park Manor of Cypress Station--Appeal from 165th District Court of Harris County

Opinion issued September 27, 2007

In The

Court of Appeals

For The

First District of Texas

NO. 01-07-00650-CV

IN RE PARK MANOR OF CYPRESS STATION, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

By petition for writ of mandamus, relator, Park Manor of Cypress Station, challenged the trial court=s[1] July 10, 2007, order denying relator=s amended motion to dismiss and compel arbitration.

We deny the petition for writ of mandamus.

We lift the stay of proceedings in the trial court.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Alcala and Bland.

1 The underlying case is Bruce Carson, Independent Executor of the Estate of Ethel B. Carson, a/k/a Ethel Carson, Deceased v. Park Manor of Cypress Station, No. 2006-04151, in the 165th District Court of Harris County, Texas, the Honorable Elizabeth Ray, presiding.