IN RE ODYSSEY HEALTHCARE, INC.

No. 09-0786.

310 S.W.3d 419 (2010)

In re ODYSSEY HEALTHCARE, INC. and George Portillo, Relators.

Supreme Court of Texas.

May 7, 2010.


Attorney(s) appearing for the Case

Gerard Fazio, R. Michael Perez, Owen & Fazio, P.C., Dallas, TX, for Relator.

Joseph Gabriel Isaac, Scherr & Legate, PLLC, El Paso, TX, for Real Party in Interest.


PER CURIAM.

In this negligence case, we must decide whether the trial court abused its discretion by refusing to grant the relator's motion to compel arbitration. We conclude that it did. Here, the real party in interest failed to prove a valid defense against enforcement of her agreement to arbitrate disputes with her employer. Accordingly, we conclude the trial court abused its discretion in failing to compel arbitration, and we conditionally grant the writ of mandamus...

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