Kirby Highland Lakes Surgery Center, L.L.P. v. Kirby

OPINION

BOB PEMBERTON, Justice.

Kirby Highland Lakes Surgery Center (the Partnership) filed a petition for writ of mandamus, 03-05-00502-CV, relying on the Federal Arbitration Act (FAA) 1 to contend that the district court abused its discretion in denying the Partnership’s motion to compel arbitration of a dispute with one of the partners, Dr. Edward Kirby, and his wife, Helen Kirby. Contemporaneously, the Partnership also filed an interlocutory appeal, 03-05-00423-CV, purporting to challenge the district court’s order under the Texas Arbitration Act (TAA). Concluding that the FAA rather than…