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IN RE FLEETWOOD HOMES OF TEXAS, L.P.

No. 06-0943.

257 S.W.3d 692 (2008)

In re FLEETWOOD HOMES OF TEXAS, L.P. and Fleetwood Enterprises, Inc., Relators.

Supreme Court of Texas.

June 20, 2008.

Attorney(s) appearing for the Case

Michael J. Craddock, Felicia Norvell, David Charles Routzon Jr., Craddock Reneker & Davis, L.L.P., Rachel Elizabeth Khirallah, Dallas, TX, for Relator.

Michael Allen Starzyk, April Lee Walter, Starzyk & Associates, P.C., Alan M. Bush, Woodlands, TX, for Real Party in Interest.

PER CURIAM.

Parties that "conduct full discovery, file motions going to the merits, and seek arbitration only on the eve of trial" waive any contractual right to arbitration. In re Vesta Ins. Group, Inc., 192 S.W.3d 759, 764 (Tex.2006). The relators here did none of those, instead merely discussing a potential trial setting and sending a set of written discovery the day before moving to compel arbitration. The trial court...

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