In Re Dimet SA De CV v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 21, 2023
• Docket: 01-23-00820-CV
• Status: Published

Opinion

Opinion issued November 21, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00820-CV ——————————— IN RE DIMET S.A. DE C.V., Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator Dimet S.A. de C.V. has filed a petition for writ of mandamus

challenging the trial court’s order granting arbitration.1 Relator also seeks a stay of

the order.

1 The underlying case is Dimet S.A. de C.V. v. Consolidated Ship Repair & Marine Fabrication, LLC, Hydra Subsea, LLC, and J.A.H. Enterprises Inc., D/B/A Henderson Auctions, cause number 23-DCV-300674, pending in the 240th District Court of Fort Bend County, Texas, the Honorable Surendran Pattel presiding. Relator has not established the requirements for mandamus relief. See In re

Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (holding that to

obtain mandamus relief, relator must show trial court clearly abused its discretion

and relator has no adequate remedy by appeal); see also In re Gulf Expl., LLC, 289

S.W.3d 836, 842–43 (Tex. 2009) (even if relator shows abuse of discretion, relator

rarely lacks adequate remedy of appeal from order compelling arbitration).

Accordingly, we deny relief. See TEX. R. APP. P. 52.8(a). Any pending

motions are dismissed as moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Guerra.