Sedillo v. Campbell

OPINION

JOHN S. ANDERSON, Justice.

This is a consolidated interlocutory appeal and petition for writ of mandamus complaining of the trial court’s order denying a motion for arbitration. The sole issue is whether appellant/relator, Herman Sedillo (“Sedillo”), waived his right to arbitration. Because we conclude there was waiver, we affirm the trial court’s order and deny mandamus relief.

BACKGROUND

On November 5, 1997, Sedillo, and his brother Rubin, signed a contract with ap-pellee/real party in interest, Julane Campbell (“Campbell”), to provide labor and materials for the completion of certain…