Opinion issued July 22, 2021
In The
Court of Appeals
For The
First District of Texas
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NO. 01-20-00550-CV
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IN RE TRI POINTE HOMES TEXAS, INC.
F/K/A TRENDMAKER HOMES, INC., Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Tri Pointe Homes Texas, Inc. f/k/a Trendmaker Homes, Inc., filed a
petition for writ of mandamus challenging an order by the trial court appointing an
arbitrator.1 Relator asserts that the parties’ agreements require arbitration of the
1
The underlying case is Nick Smith and Megan Smith v. Trendmaker Homes, Inc.,
cause number 19-DCV-260160, pending in the 400th District Court of Fort Bend
County, Texas, the Honorable Tameika Carter presiding.
dispute to be conducted by a specific arbitration administrator rather than the
arbitrator selected by the court.
Because the challenged order was issued by the former trial court judge, this
original proceeding was abated for the successor trial court judge to reconsider the
order. See TEX. R. APP. P. 7.2(b). The successor judge subsequently issued an order
denying reconsideration of the challenged order. Accordingly, we reinstate the
original proceeding on the Court’s active docket.
Upon consideration of the challenged order and the successor judge’s order
denying reconsideration, the petition for writ of mandamus is denied. We lift the stay
imposed by our order issued on December 23, 2020. Any pending motions are
dismissed as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Landau and Countiss.
2