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McMillan v. Computer Translation Systems Support, Inc.

Because appellants are entitled to arbitration as agents of signatories and under the doctrine of equitable estoppel, the district court clearly abused its discretion in ordering that the parties' disputes be resolved by litigation and not by arbitration.

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CONDITIONALLY GRANT petition for writ of mandamus; DISMISS interlocutory appeal

OPINION

In these consolidated proceedings, Gerald McMillan and Ernie Nycz bring a petition for writ of mandamus and an interlocutory appeal complaining of the trial court’s order denying their motion to compel arbitration with Computer Translations Systems & Support, Inc. (CTSS) under the Federal Arbitration Act (FAA) and the Texas General Arbitration Act (Texas Act). See 9 U.S.C.A. �� 1-16 (West 1999); Tex. Civ. Prac. & Rem. Code Ann. �� 171.001-.098 (Vernon Supp. 2002). *fn3 We conditionally grant the petition for writ of mandamus. Having conditionally granted the writ under the FAA, we need not address the interlocutory appeal under the Texas Act.

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