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ELLIS v. SCHLIMMER

No. 13-09-00426-CV.

338 S.W.3d 12 (2010)

Veronica ELLIS and Pacesetter Builders, Inc. d/b/a Coldwell Banker Pacesetter Steel Realtors, Appellants, v. Dr. Ron SCHLIMMER and Tana Schlimmer, Appellees.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled February 25, 2010.

Attorney(s) appearing for the Case

William Robert Anderson III , Anderson, Lehrman, Barre & Maraist, C.M. Henkel, III , Frtiz, Byrne & Head, Corpus Christi, for Appellants.

Michael H. Strickland , G. Don Schauer , Ronald A. Simank , Schauer & Simank, Corpus Christi, for Appellees.

Before Justice YAÑEZ and Justices BENAVIDES and WITTIG.

MEMORANDUM OPINION

Memorandum Opinion by Justice WITTIG (Retired).1

Some ten months after litigation was initiated, appellants, Veronica Ellis and Pacesetter Builders, Inc. d/b/a Coldwell Banker Pacesetter Steel Realtors, filed a motion to abate and compel arbitration. Appellees, Ron and Tana Schlimmer, in their initial response to the motion, claimed waiver and estoppel and argued that the language of the agreement did not include...

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