In Re the Great American Pool, L.L.C. D/B/A American Pools of Houston v. the State of Texas

Opinion issued January 8, 2026

In The

Court of Appeals
For The

First District of Texas
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NO. 01-25-01083-CV
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IN RE THE GREAT AMERICAN POOL, L.L.C. D/B/A AMERICAN
POOLS OF HOUSTON, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, The Great American Pool, L.L.C., doing business as American Pools

of Houston, filed a petition for writ of mandamus challenging two trial court orders,

including the trial court’s June 24, 2025 order “granting arbitration and abatement

of the case” and a September 3, 2025 order “denying [r]elator’s Motion to
Reconsider.”1 Relator requested that this Court issue a writ of mandamus “directing

the trial court to vacate its orders” or “at the very least” be ordered “to proceed with

an evidentiary hearing” on the plea in abatement and motion to compel arbitration

filed by real parties in interest, Mary J. Phenneger and Joedy Phenneger.

We conclude that relator has failed to establish it is entitled to mandamus

relief, and therefore the Court denies relator’s petition for writ of mandamus. We

dismiss any pending motion as moot.

PER CURIAM

Panel consists of Justices Guerra, Caughey, and Dokupil.

1
The underlying case is The Great American Pool, L.L.C. d/b/a American Pools of
Houston v. Mary J. Phenneger and Joedy Phenneger, Cause No. 2025-13624, in the
281st District Court of Harris County, Texas, the Honorable Christine Weems
presiding.

2