in-re-lennar-homes-of-texas-sales-and-marketing-ltd-dba-lennar-homes-of ( 2015 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-15-00174-CV
In re Lennar Homes of Texas Sales § Original Proceeding
and Marketing, Ltd. d/b/a Lennar
Homes of Texas; Home Owners § From the 158th District Court
Management Enterprises, Inc. d/b/a
Home of Texas; and Warranty § of Denton County (14-09627-158)
Underwriters Insurance Company
§ July 15, 2015
§ Opinion by Justice Gardner
JUDGMENT
This court has considered the petition for writ of mandamus filed by
relators Lennar Homes of Texas Sales and Marketing, Ltd. d/b/a Lennar Homes
of Texas; Home Owners Management Enterprises, Inc. d/b/a Home of Texas;
and Warranty Underwriters Insurance Company. We conditionally grant part of
the relief requested by relators. Writ will issue only if the trial court fails to vacate
its April 23, 2015 order appointing a mediator and ordering Lennar Homes of
Texas Sales and Marketing, Ltd. d/b/a Lennar Homes of Texas to pay the costs
of mediation and fails to appoint a mediator in accordance with paragraph 16.2 of
the Purchase Agreement and to assess mediation fees in accordance with
paragraph 16.8.2 of the Purchase Agreement.
It is ordered that real parties in interest Chess Derrick Dennis Jr. and Jana
Dennis shall pay all costs of this proceeding, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Anne Gardner _
Justice Anne Gardner