Ex Parte Cappaert Manufactured Homes

Cappaert Manufactured Homes ("Cappaert") petitions this Court for a writ of mandamus directing Judge Eddie Hardaway, Jr., to vacate an order appointing an arbitrator in this dispute. We grant the petition.

This dispute began after the respondents, Maggie Dees and Winton Dubose (hereinafter collectively referred to as "the Buyers"), purchased a mobile home manufactured by Cappaert. On January 4, 2000, they sued Cappaert, alleging that the home was defective. On April 28, 2000, Cappaert moved to compel arbitration of the dispute, based on a provision included in the "Home Owner's Manual" that…