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TUSCAN BUILDERS, LP v. 1437 SH6 L.L.C.

No. 01-13-00685-CV.

438 S.W.3d 717 (2014)

TUSCAN BUILDERS, LP, Appellant v. 1437 SH6 L.L.C. d/b/a Sweetwater Aesthetic SPA & Wellness Center, Shelena C. Lalji, M.D., P.A. d/b/a Dr. Shel Wellness & Medical SPA and Lalji Dental, P.C. d/b/a Lake Pointe Dental And Specialty, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

May 15, 2014.

Attorney(s) appearing for the Case

Michael B. Gerstle , Patrick T. Mulry , Gerstle, Minissale & Snelson, LLP, Dallas, TX, for Appellant.

E. Michelle Bohreer , Todd Zucker , Pritesh Soni , Bohreer & Zuccker LLP Houston, TX, for Appellees.

Panel consists of Chief Justice RADACK and Justices BLAND and HUDDLE.

OPINION ON REHEARING

JANE BLAND, Justice.

Appellant Tuscan Builders, LP has moved for rehearing and en banc consideration. We grant rehearing, withdraw our opinion and judgment of January 30, and issue the following in their stead. We dismiss as moot Tuscan's motion for en banc consideration. Our disposition of the appeal remains unchanged.

In this construction dispute, a builder appeals the trial court's order denying its motion to compel arbitration...

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