In re Provincial Homes, Inc.--Appeal from 57th Judicial District Court of Bexar County

No. 04-00-00845-CV

IN RE PROVINCIAL HOMES, INC.,
From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CI-11546
Honorable Robert L. Eschenberg, II, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: February 21, 2001

MOTION FOR REHEARING GRANTED; PETITION FOR WRIT OF MANDAMUS DENIED

On December 8, 2000, relator, Provincial Homes, Inc., petitioned this court for writ of mandamus. Because the petition and appendix were not in compliance with Tex. R. App. P. 52, we denied the petition. On January 9, 2001, relator filed a motion for rehearing, amending its petition for writ of mandamus. The petition complies with Rule 52. We, therefore, grant relator's motion for rehearing and withdraw our opinion of December 29, 2000, substituting this opinion in its place.

Relator petitions this court for a writ of mandamus, alleging the trial court abused its discretion in granting Daniel W. and Jeri Gibbens' application to enjoin arbitration and in denying relator's motion to compel arbitration. We conclude the trial court did not abuse its discretion in doing so. Accordingly, relators' petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992).

PER CURIAM

DO NOT PUBLISH