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LDF CONST., INC. v. BRYAN

Nos. 10-08-00315-CV, 10-08-00348-CV, 10-08-00407-CV.

324 S.W.3d 137 (2010)

LDF CONSTRUCTION, INC., Lynn D. Foster, Mark W. Todd Architects, Inc. and Mark W. Todd, Appellants, v. Sam BRYAN, Connie Bryan, and Sammy R. Bryan, DDS, P.A., Appellees. In re LDF Construction, Inc. and Lynn D. Foster. In re Mark Todd and Mark W. Todd Architects.

Court of Appeals of Texas, Waco.

March 10, 2010.

Attorney(s) appearing for the Case

Levon G. Hovnatanian , Martin Disiere Jefferson & Wisdom LLP, Michael L. Landrum , O'Donnell Ferebee Medley & Keiser, Houston, TX, for Appellants.

J. Paxton Adams , Attorney at Law, Hunstville, TX, for Appellees.

Gregg S. Weinberg , Roberts Markel PC, Houston, TX, for Amicus Curiae.

Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.

OPINION

TOM GRAY, Chief Justice.

This is one of the last combinations of proceedings where a party has to pursue a mandamus proceeding if the Federal Arbitration Act (FAA) might be applicable and also pursue an interlocutory appeal if the Texas Arbitration Act (TAA) might be applicable. The invitation of the Texas Supreme Court has been acted upon. See Am. Std. v. Brownsville Indep. Sch. Dist. (In re D. Wilson Constr. Co.), 196...

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