in Re Royce Homes, L.P., and Its General Partner Hammersmith Group, Inc.

Opinion issued March 29, 2007.

























In The

Court of Appeals

For The

First District of Texas




NO. 01-06-00920-CV




IN RE ROYCE HOMES, L.P. AND ITS GENERAL PARTNER HAMMERSMITH GROUP, INC., Relators




Original Proceeding on Petition for Writ of Mandamus




MEMORANDUM OPINION



By petition for writ of mandamus, relators, Royce Homes, L.P. and its General Partner Hammersmith Group, Inc., challenge the trial court's (1) July 31, 2006 order appointing Tom McDonald arbitrator, August 22, 2006 order denying relators' motion to compel the real parties in interest to abide by an arbitration agreement, and September 1, 2006 order denying relators' motion for reconsideration.

We deny the petition for writ of mandamus.

We vacate our order of October 10, 2006, staying the arbitration and accompanying pretrial deadlines in the underlying case.

PER CURIAM

Panel consists of Justices Taft, Alcala, and Hanks.

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