in Re: Juan Guerra and Juan Deltoro

• Court: Court of Appeals of Texas
• Decided: December 12, 2018
• Docket: 05-18-01037-CV
• Status: Published

Opinion

DENIED and Opinion Filed December 12, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01037-CV

IN RE JUAN GUERRA AND JUAN DELTORO, Relators

Original Proceeding from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-07967

MEMORANDUM OPINION Before Justices Lang, Myers, and Whitehill Opinion by Justice Whitehill Before the Court is relators’ petition for writ of mandamus in which relators complain of the trial court’s order granting the amended motion to compel arbitration filed by the real parties in interest. To be entitled to mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Based on the record before us, we conclude relators have not shown they are entitled to the relief requested. Accordingly, we deny relators’ petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought).

/Bill Whitehill/ BILL WHITEHILL JUSTICE

181037F.P05