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BIRD v. KORNMAN

No. 05-02-01692-CV.

152 S.W.3d 154 (2004)

Anthony J. BIRD, Appellant, v. Gary KORNMAN and Joseph Van Voorhis, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled January 12, 2005.

Attorney(s) appearing for the Case

R. Michael Northrup, Cowles & Thompson, P.C., Keith A. Clouse, Alyson C. Brown, Clouse Dunn Hirsch LLP, Leonard A. Hirsch, Haynes & Boone, Dallas, for appellant.

Terrell W. Oxford, Susman Godfrey, LLP, Michael P. Lynn, Lynn Tillotson & Pinker, L.L.P., Dallas, for appellees.

Before Justices MORRIS, WRIGHT, and MOSELEY.

OPINION

Opinion by Justice MOSELEY.

In this combined appeal and mandamus proceeding, we consider whether the trial court erred by dismissing with prejudice appellant Anthony J. Bird's claims against Gary Kornman and an unserved defendant Joseph Van Voorhis when the court ordered Bird to arbitrate his claims against The Heritage Organization, L.L.C. (Heritage). After submission of this appeal, Heritage filed for...

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