Glenn J. Deadman, P.C. v. SBC, No. 04-06-00646-CV, 2007 WL 1200108 (Tex.App.-San Antonio Apr. 25, 2007, orig. proceeding) (mem. op.) (denying relief); In re Premont Indep. Sch. Dist., 225 S.W.3d 329 (Tex.App.-San Antonio 2007, orig. proceeding [mand. denied] ) (applying exception and reversing arbitration order); In re Ivins, No. 09-06-249-CV, 2006 WL 2075192 (Tex.App.-Beaumont July 27, 2006, orig. proceeding) (mem. op.) (denying relief); In re Emmons, No. 14-06-01063-CV, 2006 WL 4114314 (Tex.App.-Houston [14th Dist.] Mar. 13, 2006, orig. proceeding) (mem. op.) (denying relief). 4 . Perry Homes v. Cull, 258 S.W.3d 580, 587 (Tex.2008) (quoting Preston v. Ferrer, 552 U.S. 346, -, 128 S.Ct. 978, 169 L.Ed.2d 917 (2008)); see also Lloyd v. HOVENSA, LLC, 369 F.3d 263, 270 (3d Cir.2004) (<HOLDING>). 5 . 211 S.W.3d 828, 835, 843 (citing In re
holding that purpose of stay pending arbitration is twofold it relieves the party entitled to arbitrate of the burden of continuing to litigate the issue while the arbitration process is ongoing and it entitles that party to proceed immediately to arbitration without the delay that would be occasioned by an appeal of the district courts order to arbitrate holding that a party who is erroneously deprived of the benefits of an arbitration contract under the federal arbitration act is without adequate remedy by appeal and entitled to mandamus relief holding that a party that engages in protracted litigation waives his right to arbitrate when an order compelling arbitration would result in prejudice to the party opposing arbitration holding that the party demanding arbitration had waived its right to arbitrate by filing eight months earlier a complaint against the other party to the arbitration agreement holding if the claim is fraud in the inducement of the arbitration clause itself  an issue that goes to the making of the agreement to arbitrate  the federal court may proceed to adjudicate it otherwise claims involving the contract generally should be decided by the arbitrator