The appellate court observed that the trial court's stated reason for refusing the insurer's motion to compel arbitration was because the insurer's counsel "failed to appear at a properly noticed hearing" and while the insurer had argued that its counsel's absence was due to a mistake or misrepresentation of the opposing counsel, no such evidence was included in the record and so the appellate court has no basis to conclude that the trial court acted in an arbitrary and unreasonable manner and therefore, the insurer had not met its burden for mandamus.
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