in Re Ashley McAnally

Court of Appeals of Texas·Decided October 4, 2018·No. 01-18-00831-CV·Published

Opinion

Opinion issued October 4, 2018

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-18-00831-CV ——————————— IN RE ASHLEY MCANALLY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Ashley McAnally, has filed a petition for writ of mandamus

challenging the trial court’s interlocutory order compelling arbitration.1 To obtain

mandamus relief, a relator must show both that the trial court clearly abused its

discretion and that relator has no adequate remedy by appeal. In re Prudential Ins.

1 The underlying case is Ashley McAnally v. FW Services, Inc. d/b/a Pace Setters Personnel, RDM Detailers, and Houston Auto Auction, Inc., cause number 2018-31425, pending in the 164th District Court of Harris County, Texas, the Honorable Alexandra Smoots-Thomas presiding. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Without deciding

whether the trial court abused its discretion, we conclude that relator has not

established that she lacks an adequate remedy by appeal. See In re Gulf Exploration,

LLC, 289 S.W.3d 836, 842–43 (Tex. 2009) (orig. proceeding). Accordingly, we deny

the petition.

PER CURIAM

Panel consists of Justices Keyes, Bland, and Lloyd.

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)
In Re Gulf Exploration, LLC
289 S.W.3d 836 (Texas Supreme Court, 2009)