in Re NCP Finance Limited Partnership and NMCapital, Inc. ( 2010 )

MEMORANDUM OPINION
No. 04-10-00634-CV
IN RE NCP FINANCE LIMITED PARTNERSHIP and NMCapital, Inc.
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Rebecca Simmons, Justice
Delivered and Filed: September 15, 2010
PETITION FOR WRIT OF MANDAMUS DENIED
On September 1, 2010, relators filed a petition for writ of mandamus and a motion for
temporary relief. The court has considered relators’ petition and motion and is of the opinion
that relators are not entitled to the relief sought. See TEX. CIV. PRAC. & REM. CODE ANN.
§ 51.016 (Vernon Supp. 2009) (interlocutory order in matter subject to Federal Arbitration Act
appealable); Hydro Management Systems, LLC v. Jalin, Ltd., No. 04-09-00813-CV, 2010 WL
1817813, at *1 (Tex. App.—San Antonio May 5, 2010, no pet.) (denial of motion to compel
based on Federal Arbitration Act is reviewed by interlocutory appeal); In re Hydro Management
Systems, L.L.C., No. 04-09-00808-CV, 2009 WL 5062320, at *1 (Tex. App.—San Antonio Dec.
23, 2009, orig. proceeding) (denying mandamus relief because relator had adequate remedy by
1
This proceeding arises out of Cause No. 2009-CI-19255, styled Humberto Escatiola v. Ace Credit
Services, LLC, NCP Finance Limited Partnership and NMCapital, Inc., pending in the 150th Judicial District Court,
Bexar County, Texas, the Honorable Antonia Arteaga presiding.
04-10-00634-CV
appeal under section 51.016). Accordingly, relators’ petition for writ of mandamus and motion
for temporary relief are denied. See TEX. R. APP. P. 52.8(a). Relators shall pay all costs incurred
in this proceeding.
PER CURIAM
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