in Re: Louise King

• Court: Court of Appeals of Texas
• Decided: November 21, 2018
• Docket: 05-18-01373-CV
• Status: Published

Opinion

Denied and Opinion Filed November 21, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01373-CV

IN RE LOUISE KING, Relator

Original Proceeding from the 254th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-08-4995

MEMORANDUM OPINION Before Justices Bridges, Brown, and Boatright Opinion by Justice Boatright In this original proceeding, relator seeks a writ of mandamus directing the trial court to

vacate its order denying relator’s motion to transfer the case and, alternatively, to vacate the order

compelling the case to arbitration and vacate the arbitrator’s pretrial orders.

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). It is generally inappropriate to grant

mandamus review of orders compelling arbitration, and parties who believe they are being

erroneously compelled to arbitrate when they have not agreed to arbitration have an adequate

remedy by appeal after final judgment. In re Adelphi Group, Ltd., No. 05-16-01060-CV, 2016 WL

5266655, at *1 (Tex. App.—Dallas Sept. 22, 2016, orig. proceeding) (citing In re Gulf Expl., LLC,

289 S.W.3d 836, 842 & n. 33 (Tex. 2009)). The parties in this case did not agree to arbitrate.

Because the parties have an adequate remedy by appeal, relator is not entitled to mandamus relief. We must deny a petition for mandamus when the relator is not entitled to relief. TEX. R. APP. P.

52.8(a). Accordingly, we deny relator’s petition for writ of mandamus.

/Jason Boatright/ JASON BOATRIGHT JUSTICE

181373F.P05

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