in Re: Susan Newell Custom Home Builders, Inc., Susan Newell, Individually, and Lisa Doolittle ( 2014 )

Order entered January 14, 2014 In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01474-CV IN RE SUSAN NEWELL CUSTOM HOME BUILDERS, INC., SUSAN NEWELL, INDIVIDUALLY, AND LISA DOOLITTLE, Relators Original Proceeding from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-03325-F ORDER In accordance with the Court’s opinion issued this date, the petition for writ of mandamus is conditionally GRANTED. The Court ORDERS the trial judge, the Honorable Gena Slaughter, Judge of the 191st Judicial District Court, to: (1) VACATE paragraphs 4 and 5 of her Order of October 17, 2013, which granted the request of real party in interest Lynne McGreal Tonti to take the depositions of Susan Newell, Susan Newell Custom Home Builders, Inc. and Lisa Doolittle; and (2) ENTER an order denying Tonti’s request to take those depositions, ordering Tonti’s claims to be arbitrated, and staying all proceedings in the trial court pending arbitration of Tonti’s claims. Should the trial judge fail to comply with this order, the writ will issue. The Court ORDERS the trial judge to file with this Court, within thirty (30) days of the date of this order, a certified copy of its order issued in compliance with this order. We ORDER that relators recover their costs of this original proceeding from real party in interest. /s/ JIM MOSELEY JUSTICE