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PRUDENTIAL SECURITIES INC. v. BANALES

No. 13-93-255-CV.

860 S.W.2d 594 (1993)

PRUDENTIAL SECURITIES INCORPORATED and William Erik Byrne, Relators, v. The Honorable J. Manuel BANALES, Judge, 105th Judicial District Court of Nueces County, Texas, Respondent.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled September 9, 1993.

Attorney(s) appearing for the Case

David B. Sterling, Jeffrey R. Elkin, Jan Nenninger, Baker & Botts, Houston, for relators.

Donald M. Fefferman, Fefferman & Rehler, Corpus Christi, for real parties in interest.

Before SEERDEN, GILBERTO HINOJOSA, and FEDERICO G. HINOJOSA, Jr., JJ.

OPINION

SEERDEN, Justice.

In this original mandamus proceeding, Prudential Securities Inc. and William Byrne (collectively "Prudential") request this Court to direct Judge Banales to vacate his order denying their motion to compel arbitration in the underlying lawsuit between Prudential and A.P. and Betty Jo Johnston. We conditionally grant the writ.

Several years ago, the Johnstons opened a brokerage account with Prudential1

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