In re Drivetime Car Sales, Inc. d/b/a Drivetime--Appeal from County Court at Law No 7 of Bexar County

heading for mandamus MEMORANDUM OPINION
No. 04-04-00303-CV
IN RE DRIVETIME CAR SALES, INC. d/b/a Drivetime
Original Mandamus Proceeding (1)

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Paul W. Green, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: May 19, 2004

MOTION FOR TEMPORARY RELIEF DENIED; PETITION FOR WRIT OF MANDAMUS DENIED

On May 5, 2004, relator Drivetime Car Sales, Inc. filed a petition for writ of mandamus, alleging the trial court abused its discretion by refusing to rule on Drivetime's motion to compel arbitration until after the real party in interest takes a limited deposition of Drivetime's employee on issues related solely to the validity of the arbitration agreement. This court has determined that the relator is not entitled to the relief sought. Accordingly, relator's petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a). Relator's motion for temporary relief is denied. Relator shall pay all costs incurred in this proceeding.

PER CURIAM

1. This proceeding arises out of Cause No. 290386, styled Michael Doddridge v. Drivetime Car Sales, Inc. d/b/a Drivetime, pending in the County Court at Law No. 7, Bexar County, Texas, the Honorable Karen Crouch presiding.