Moore v. Morris

JONES, Justice.

Appellee Don Gidden sued Gerald Moore and Merrill Lynch, Pierce, Fenner & Smith, Inc. (collectively “Merrill Lynch”), appellants, claiming misrepresentations and violations of the Texas Deceptive Trade Practices Act (“DTPA”), Tex. Bus. & Com.Code Ann. §§ 17.41-63 (West 1987 & Supp.1996). Merrill Lynch filed a plea in abatement and motion to compel arbitration based on account agreements between the parties. The trial court denied both the plea and motion. Merrill Lynch attacks the court’s order refusing to compel arbitration in parallel proceedings by seeking mandamus relief…