2008-06-20 Texas Supreme Court Issues Mandamus in Two Cases

Forum Selection Clause enforced by Mandamus

In re Lyon Financial Services, Inc. (Tex. 2008)
No. 07-0486 (Tex. June 20, 2008)(per curiam) (orig. proc.) (mandamus, forum selection clause, motion to dismiss improperly denied)

Finding no evidence in the record to overcome the presumption that the forum-selection clause included in the documents executed by the parties is valid, the Texas Supreme Court, in a per curiam opinion, concludes that the trial court abused its discretion in denying Lyon’s motion to dismiss. The Court grants the petition for writ of mandamus and orders the trial court to vacate its order denying Lyon’s motion to dismiss MNI’s suit. As is the custom, the writ is issued conditionally, pending compliance by the lower court.

IN RE LYON FINANCIAL SERVICES, INC.; from Hidalgo County; 13th district (13-07-00269-CV, ___ SW3d ___, 05-31-07) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion

No Waiver of Right to Enforce Arbitration Agreement Here

In Re Fleetwood Homes of Texas, LP (Tex. 2008)
No. 06-0943 (Tex. June 20, 2008)(per curiam) (original proceeding) (motion to compel arbitration, no waiver found, mandamus granted)

Finding that Gulf has failed to show that Fleetwood waived its contractual right to arbitrate, the Texas Supreme Court conditionally grants Fleetwood’s petition for writ of mandamus in a per curiam opinion and orders the trial court to send the parties to arbitration.

IN RE FLEETWOOD HOMES OF TEXAS, L.P. AND FLEETWOOD ENTERPRISES, INC.; from Walker County; 10th district (10-06-00312-CV, ___ SW3d ___, 10-25-06) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.