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in Re NCP Finance Limited Partnership and NMCapital, Inc.
Citation: Not availableDocket: 04-10-00634-CV
Court: Court of Appeals of Texas; September 15, 2010; Texas; State Appellate Court
Original Court Document: View Document
Petitioners NCP Finance Limited Partnership and NMCapital, Inc. filed a petition for writ of mandamus and a motion for temporary relief on September 1, 2010. The court reviewed the petition and determined that the relators were not entitled to the requested relief. Under Texas Civil Practice and Remedies Code § 51.016, interlocutory orders subject to the Federal Arbitration Act are appealable, and previous case law supports the conclusion that a denial of a motion to compel arbitration can be reviewed through interlocutory appeal. The court referenced two prior cases—Hydro Management Systems, LLC v. Jalin, Ltd. and In re Hydro Management Systems, L.L.C.—where similar mandamus relief was denied because adequate remedies existed through appeal. This proceeding stems from Cause No. 2009-CI-19255, involving Humberto Escatiola and others in the 150th Judicial District Court of Bexar County, Texas, presided over by Judge Antonia Arteaga. Consequently, the court denied the petition for writ of mandamus and the motion for temporary relief, ordering the relators to bear all costs incurred in the process.