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KIRBY HIGHLAND LAKES SURGERY CTR. v. KIRBY

Nos. 03-05-00423-CV, 03-05-00502-CV.

183 S.W.3d 891 (2006)

KIRBY HIGHLAND LAKES SURGERY CENTER, L.L.P., Appellant, v. Edward E. KIRBY, M.D. and Helen Kirby, Appellees. In re Kirby Highland Lakes Surgery Center, L.L.P.

Court of Appeals of Texas, Austin.

January 13, 2006.

Attorney(s) appearing for the Case

Elizabeth G. Bloch, James K. McClendon, Brown McCarroll, LLP, Austin, for appellant.

Rick Harrison, Christopher D. Atwell, Fritz, Byrne, Head & Harrison, LLP, Austin, for appellees.

Before Justices PURYEAR, PEMBERTON and WALDROP.

OPINION

BOB PEMBERTON, Justice.

Kirby Highland Lakes Surgery Center (the Partnership) filed a petition for writ of mandamus, 03-05-00502-CV, relying on the Federal Arbitration Act (FAA)1 to contend that the district court abused its discretion in denying the Partnership's motion to compel arbitration of a dispute with one of the partners, Dr. Edward Kirby, and his wife, Helen...

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