Memorandum Opinion of January 10, 2008, Withdrawn; Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 6, 2008.
In The
Fourteenth Court of Appeals
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NO. 14-08-00005-CV
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IN RE NEXT FINANCIAL GROUP, INC., Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
M E M O R A N D U M O P I N I O N
On January 9, 2008, relator, NEXT Financial Group, Inc., filed a petition for writ of mandamus and a motion for emergency relief.[1] See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the petition, relator ask this court to compel the Honorable Ken Wise, presiding judge of the 152nd District Court of Harris County, to vacate his order of November 19, 2007, denying relator=s motion to compel arbitration and to enter an order granting the motion to compel. On February 14, 2008, real party in interest, Michael Clements, filed a response to the petition. On February 25, 2008, relator filed a reply to the response.
Relator has not established its entitlement to the extraordinary relief of a writ of mandamus. Accordingly, we lift the stay of trial court proceedings and deny relator=s petition for writ of mandamus.
PER CURIAM
Petition Denied and Memorandum Opinion filed March 6, 2008.
Panel consists of Chief Justice Hedges and Justices Anderson and Boyce.
[1] The petition filed on January 9, 2008, failed to contain a proper verification of factual statements in the petition. On January 10, 2008, the court issued an opinion, denying relief based on the procedural defect. On January 14, 2008, relator filed a motion to reconsider and presented a proper verification of the petition. On January 18, 2008, the court granted the motion to reconsider and entered an order, granting relator=s motion for temporary relief. This order stayed all proceedings in the trial court.