PRESTONWOOD TRADITION, LP v. JENNINGS

No. 05-20-00380-CV, No. 05-20-00387-CV, No. 05-20-00388-CV, No. 05-20-00389-CV, No. 05-20-00390-CV.

653 S.W.3d 436 (2022)

PRESTONWOOD TRADITION, LP; Tradition Management, LLC; Prestonwood TSL, LP; Prestonwood TSL GP, LLC; Tradition Senior Living, L.P.; Tradition SL, LLC; and Jonathan S. Perlman, Appellants/Relators v. Mary Jo JENNINGS, Individually and as the Independent Executrix and Representative of the Beneficiaries of the Estate of Leah Alice Corken; Lisa Cullen, Individually; Matt Corken, Individually; Dianne Tannery, Individually and as the Independent Executrix and Representative of the Beneficiaries of the Estate of Juanita Purdy; Thomas Ducker, Individually; Sherril Kerr, Individually and as the Independent Executrix and Representative of the Beneficiaries of the Estate of Glenna Day; Gregory B. Day, Individually; Marsha Spring Repp and Stephen Spring, Individually and as the Co-Executors and Representatives of the Beneficiaries of the Estate of Solomon H. Spring; Michael Solomon, Matthew Abramowitz, and Paul Abramowitz, Individually and as the Co-Executors and Representatives of the Beneficiaries of the Estate of Joyce Abramowitz; and Marc Abramowitz, Individually, Appellees/Real Parties in Interest.

Court of Appeals of Texas, Dallas.

Opinion Filed August 5, 2022.


Attorney(s) appearing for the Case

David M. Macdonald , Steven R. Baggett , Jennifer Dawn Leblanc , Bryan Rutherford , Macdonald Devin Madden Kenefick Harris, P.C., Dallas, James M. Stanton , Stanton LLP, Dallas, for Appellant.

Trey H. Crawford III , Michael Justin Lang , David F. Wishnew , Alexandra J. Ohlinger , Crawford, Wishnew & Lang, PLLC, Dallas, for Appellee.

Before the En Banc Court.


OPINION

Appellants-relators1 bring this appeal and petition for writ of mandamus challenging the trial court's orders granting a stay of arbitration and denying appellants' plea in abatement, which sought an order for the parties to attend arbitration. On appeal, appellants...

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