L & L KEMPWOOD ASSOCIATES, L.P. v. OMEGA BUILDERS, INC.

Nos. 13-97-772-CV, 13-97-901-CV.

972 S.W.2d 819 (1998)

L & L KEMPWOOD ASSOCIATES, L.P., Appellant, v. OMEGA BUILDERS, INC., Appellee. and In re L & L KEMPWOOD ASSOCIATES, L.P.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled July 30, 1998.


Attorney(s) appearing for the Case

C. Henry Kollenberg, Kirby W. Cronin, Crain, Caton & James, Houston, for appellant.

Roberto Rene Garcia, Garcia & Rodriguez, McAllen, Keith C. Livesay, Stapleton, Livesay & Cowen, Pharr, Frank Sabo, McAllen, for appellee.

Before SEERDEN, C.J., and YANEZ and CHAVEZ, JJ.


OPINION AND MANDAMUS

CHAVEZ, Justice.

Appellant Omega Builders, Inc. (Omega) is a construction contractor that performed work on a project owned by appellee L & L Kempwood Associates, L. P., et al. (L & L Kempwood). The parties had signed contracts that provided for arbitration of "any controversy or claim arising out of or related to the contract, or the breach thereof." The contracts also provided that "notice of demand for arbitration shall be...

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