in Re KNJ Enterprises, Inc. and Abdul Rahim Kabani

Court of Appeals of Texas·Decided October 1, 2013·No. 14-13-00754-CV·Published

Opinion

Memorandum Opinion Dated September 26, 2013 Withdrawn; Petition for Writ of Mandamus Denied and Substitute Memorandum Opinion filed October 1, 2013.

In The

Fourteenth Court of Appeals

NO. 14-13-00753-CV & NO. 14-13-00754-CV

IN RE KNJ ENTERPRISES, INC. AND ABDUL RAHIM KABANI, Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 164th District Court Harris County, Texas Trial Court Cause Nos. 2012-12849 & 2013-09218

SUBSTITUTE MEMORANDUM OPINION

On August 28, 2013, relators KNJ Enterprises, Inc. and Abdul Rahim Kabani 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. In the petition, relators ask this Court to compel the Honorable Alexandra Smoots-Hogan, presiding judge of the 164th District Court of Harris County, to vacate her May 29, 2013 order granting the motion to compel arbitration and denying the motion to consolidate.

Relators have not established their entitlement to mandamus relief. Specifically as to the order compelling arbitration, relators have not shown that they do not have an adequate remedy by appeal. See In re Gulf Exploration, LLC, 289 S.W.3d 836 (Tex. 2009). Accordingly, we deny relators’ petition for writ of mandamus.

PER CURIAM

Panel Consists of Justices Brown, Christopher, and Busby.

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Related

In Re Gulf Exploration, LLC
289 S.W.3d 836 (Texas Supreme Court, 2009)