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IN RE MERRILL LYNCH & CO., INC.

No. 09-0161.

315 S.W.3d 888 (2010)

In re MERRILL LYNCH & CO., INC. and Merrill Lynch, Pierce, Fenner & Smith Incorporated, Relators.

Supreme Court of Texas.

Rehearing Denied August 27, 2010.

Attorney(s) appearing for the Case

Charles A. Gall, Joel Randall Sharp, Eric Ross Hail, Hunton & Williams LLP, Robert B. Gilbreath, Hawkins, Parnell Thackston & Young, LLP, Dallas TX, for Relators.

Lewis T. LeClair, Robert E. Goodfriend, Anthony Matthew Garza, Rosemary Snider, Scott R. Jacobs, McKool Smith, P.C., Deborah G. Hankinson, William Richard Thompson II, Ryan D. Clinton, Hankinson Levinger LLP, Dallas TX, for Real party in interest.

PER CURIAM.

In this mandamus proceeding, we must decide whether the trial court abused its discretion when it refused to stay litigation that could moot the potential arbitration of related claims in the same lawsuit. In In re Merrill Lynch Trust Co., we declared that there are "many circumstances in which litigation must be abated to ensure that an issue two parties have agreed to arbitrate is not decided instead in collateral litigation."

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