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DALTON CONTRACTORS v. BRYAN AUTUMN WOODS

No. 01-01-00599-CV.

60 S.W.3d 351 (2001)

DALTON CONTRACTORS, INC., Appellant, v. BRYAN AUTUMN WOODS, LTD.; A.V. "Buddy" McGraw; and Bill F. McGraw, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

November 1, 2001.

Attorney(s) appearing for the Case

D. Lee Alford, Payne, Watson, Kling, Miller & Malechek, P.C., Bryan, Joseph J. Mastrogiovanni Schorsch & Mersky, P.C., Dallas, for Appellant.

Stephen Ray Smith, Houston, for Appellee.

Panel consists of Chief Justice SCHNEIDER and Justices WILSON and JENNINGS.

OPINION

MICHAEL H. SCHNEIDER, Chief Justice.

This is an accelerated appeal from an order denying application to compel arbitration. Appellant contends the trial judge erred by refusing to compel arbitration and stay the trial court proceedings. See Tex. Civ. Prac. & Rem.Code Ann. §§ 171.098(a)(1) & 171.025 (Vernon Supp. 2001). We reverse and remand.

Background

On February 3, 1999, appellant, Dalton Contractors,...

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