FREIS v. CANALES

No. D-4415.

877 S.W.2d 283 (1994)

Brad FREIS and Donna Freis, Relators, v. The Honorable Adolph CANALES, Judge, Respondent.

Supreme Court of Texas.

Rehearing Overruled June 2, 1994.


Attorney(s) appearing for the Case

Jeff Kaplan, Bruce A. Budner, D. Brent Lemon, Daniel Perez, Dallas, for relators.

J. Edwin Martin, Dallas, Robert L. Russell Bush, Roger L. Hurlbut, Arlington, John M. Bara, Richard E. Schellhammer, Dallas, for respondent.


PER CURIAM.

Relators in this original mandamus proceeding request that an order of the district court compelling binding arbitration be set aside. For reasons that follow, we conditionally grant the relief sought.

HGL, Inc. built and sold a home to Brad and Donna Freis in accordance with a contract which included a "Home Buyers Warranty". The warranty was insured by a certificate issued by National Home Insurance Company. Asserting that their home had begun...

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