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IN RE PROVINE

Nos. 01-09-00769-CV, 01-09-00770-CV.

312 S.W.3d 824 (2009)

In re Mark Cecil PROVINE, Relator Mark Cecil Provine, Appellant, v. Kelly Geis Provine, Appellee.

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

December 10, 2009.

Attorney(s) appearing for the Case

Adam Joel Morris, Houston, TX, Sallee S. Smyth, Richmond, TX, for Appellant.

Walter P. Mahoney, The Mahoney Law Firm, Pasadena, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices BLAND and MASSENGALE.

OPINION

JANE BLAND, Justice.

In this dispute arising out of a divorce decree, Mark Cecil Provine seeks relief from the trial court's denial of his motion to compel arbitration via an interlocutory appeal and a petition for writ of mandamus.1 Mark contends that the trial court abused its discretion by denying his motion. We conclude that the trial court erred by denying the motion to compel arbitration pursuant to the arbitration...

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