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IN RE OLSHAN FOUNDATION REPAIR CO., LLC

Nos. 09-0432, 09-0433, 09-0474, 09-0703.

328 S.W.3d 883 (2010)

In re OLSHAN FOUNDATION REPAIR COMPANY, LLC and Olshan Foundation Repair Company of Dallas, Ltd., Relators.

Supreme Court of Texas.

Decided December 3, 2010.

Attorney(s) appearing for the Case

Stephan B. Rogers, Rogers & Moore, Boerne, Duncan Roderick MacRae II, Henslee Schwartz, LLP, Austin, Mark C. Roberts, Henslee Schwartz, LLP, Dallas, Jeffrey D. Janota, Henslee Schwartz, LLP, Austin, for Olshan Foundation Repair Company, LLC.

Robert W. Loree, Edwin Todd Lipscomb, Loree, Hernandez & Lipscomb, PLLC, San Antonio, Steven W. Thornton, McCorkle Westerburg & Thornton, P.C., David M. Walsh IV, Chamblee & Ryan, P.C., Dallas, for Real Parties in Interest Kenneth Kilpatrick in No. 09-0432, Charley Tisdale in No. 09-0433, Craig Waggoner in No. 09-0474.

Robert W. Loree, Edwin Todd Lipscomb, Christopher Dean Below, Loree, Hernandez & Lipscomb, PLLC, San Antonio, Steven W. Thornton, McCorkle Westerburg & Thornton, P.C., David M. Walsh IV, Chamblee & Ryan, P.C., Dallas, for Real Party in Interest Robert Tingdale in No. 09-0703.

Justice WAINWRIGHT delivered the opinion of the Court.

Olshan Foundation Repair Company filed these petitions for writs of mandamus in four different cases in which three separate trial courts denied Olshan's pleas in abatement, refusing to compel arbitration of consumer claims against it. Three different courts of appeals also declined to order the disputes to arbitration. We consolidated these cases for argument and now issue a consolidated opinion. Because the...

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