in Re: East Tennessee Natural Gas Company

• Court: Court of Appeals of Texas
• Decided: July 22, 2004
• Docket: 14-04-00542-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 22, 2004

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 22, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00542-CV

IN RE EAST TENNESSEE NATURAL GAS COMPANY, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On June 11, 2004, relator filed a petition for writ of mandamus in this Court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  Relator complained of the trial court=s denial of its motion to compel arbitration with a non-signatory to an arbitration agreement.

Mandamus is an extraordinary remedy that will issue only to correct a clear abuse of discretion or the violation of a legal duty when there is no adequate remedy at law.  In re Masonite Corp., 997 S.W.2d 194, 197 (Tex. 1999).  In determining whether there has been a clear abuse of discretion justifying mandamus relief, the reviewing court must consider whether the trial court=s ruling was one compelled by the facts and circumstances or was arbitrary, unreasonable, or reached without reference to any guiding rules or principles.   Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 918 (Tex. 1985);  Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241‑42 (Tex. 1985).  Several legal theories have been recognized as bases for binding a non‑signatory to an arbitration agreement:  1) incorporation by reference; 2) assumption; 3) agency; 4) veil‑piercing/alter ego;  5) estoppel;  and 6) third‑party beneficiary.  Meyer v. WMCO‑GP, L.L.C., 126 S.W.3d 313, 316 n.2 (Tex. App.CBeaumont 2004, pet. filed). A[A] litigant who sues based on a contract subjects himself or herself to the contract=s terms.@  In re FirstMerit Bank, N.A., 52 S.W.3d 749, 755 (Tex. 2001).

Relator has failed to establish an abuse of discretion.  We deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed July 22, 2004.

Panel consists of Justices Yates, Anderson, and Hudson.