Order entered January 14, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01474-CV
IN RE SUSAN NEWELL CUSTOM HOME BUILDERS, INC., SUSAN NEWELL,
INDIVIDUALLY, AND LISA DOOLITTLE, Relators
Original Proceeding from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-03325-F
ORDER
In accordance with the Court’s opinion issued this date, the petition for writ of mandamus
is conditionally GRANTED. The Court ORDERS the trial judge, the Honorable Gena
Slaughter, Judge of the 191st Judicial District Court, to: (1) VACATE paragraphs 4 and 5 of her
Order of October 17, 2013, which granted the request of real party in interest Lynne McGreal
Tonti to take the depositions of Susan Newell, Susan Newell Custom Home Builders, Inc. and
Lisa Doolittle; and (2) ENTER an order denying Tonti’s request to take those depositions,
ordering Tonti’s claims to be arbitrated, and staying all proceedings in the trial court pending
arbitration of Tonti’s claims.
Should the trial judge fail to comply with this order, the writ will issue. The Court
ORDERS the trial judge to file with this Court, within thirty (30) days of the date of this
order, a certified copy of its order issued in compliance with this order.
We ORDER that relators recover their costs of this original proceeding from real party in
interest.
/s/ JIM MOSELEY
JUSTICE