in Re Calcasieu Refining Company

• Court: Court of Appeals of Texas
• Decided: November 24, 2021
• Docket: 09-21-00321-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-21-00321-CV __________________

IN RE CALCASIEU REFINING COMPANY

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Original Proceeding 136th District Court of Jefferson County, Texas Trial Cause No. D-206,649 __________________________________________________________________

MEMORANDUM OPINION

Relator Calcasieu Refining Company petitioned for a writ of mandamus

compelling the trial court to vacate its order denying Relator’s motion to dismiss for

forum non conveniens and dismiss the case. The Real Parties in Interest, Shari

Dearmon, individually and as next friend of Z.D., a minor, and as representative of

the estate of Adam Dearmon, deceased, and John Dearmon, filed a response.

We may grant mandamus relief to correct a trial court’s abuse of discretion

when an appeal is an inadequate remedy. In re Prudential Ins. Co. of Am., 148

S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d

1 833, 839-40 (Tex. 1992) (orig. proceeding). After reviewing Relator’s petition and

the response of the Real Parties in Interest, we conclude that Relator has failed to

establish it is entitled to the relief sought in its petition.

Accordingly, we deny the petition for a writ of mandamus. See Tex. R. App.

P. 52.8(a). Relator’s motion for temporary relief is denied as moot.

PETITION DENIED.

PER CURIAM

Submitted on November 12, 2021 Opinion Delivered November 24, 2021

Before Golemon, C.J., Horton and Johnson, JJ.