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IBS ASSET v. SERVICIOS MULTIPLES

No. 04-13-00273-CV.

419 S.W.3d 573 (2013)

IBS ASSET LIQUIDATIONS LLC f/k/a Icon Building Systems, LLC, Appellant v. SERVICIOS MULTIPLES DEL NORTE SA DE CV, Appellee.

Court of Appeals of Texas, San Antonio.

November 20, 2013.

Attorney(s) appearing for the Case

Amanda Garrett Taylor, Hohmann, Taube & Summer LLP, Austin, TX, for Appellant.

Melanie H. Phipps, Kustoff & Phipps, L.L.P., San Antonio, TX, for Appellee.

Sitting: SANDEE BRYAN MARION, Justice, MARIALYN BARNARD, Justice, PATRICIA O. ALVAREZ, Justice.

OPINION

Opinion by: SANDEE BRYAN MARION, Justice.

In this interlocutory appeal, IBS Asset Liquidations LLC, formerly known as Icon Building Systems, LLC, ("Icon"), appeals the trial court's denial of its motion to compel arbitration asserting Servicios Multiples Del Norte SA de CV ("Servicios") failed to offer any evidence in support of its defense of waiver. We reverse and remand.

BACKGROUND

Servicios and Icon entered into a contract under...

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