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IN RE CASTRO

No. 11-07-00349-CV.

246 S.W.3d 756 (2008)

In re Joe CASTRO.

Court of Appeals of Texas, Eastland.

January 10, 2008.

Attorney(s) appearing for the Case

Isaac M. Castro, Law Office of Isaac M. Castro, Hamlin, for relator.

David W. Thedford, Abilene, for real party in interest.

Panel consists of WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION

TERRY McCALL, Justice.

In this mandamus proceeding, Joe Castro challenges the trial court's order granting Bulldog Constructors of Texas, Inc.'s motion to compel arbitration. Castro asserts (1) that Bulldog failed to establish that an agreement to arbitrate existed and (2) that, in the event an agreement to arbitrate existed, Bulldog waived its right to arbitrate. We conclude that Bulldog waived its right to arbitrate. We conditionally grant the...

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