in Re: Paddy Argovitz

• Court: Court of Appeals of Texas
• Decided: May 7, 2004
• Docket: 14-04-00437-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 7, 2004

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 7, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00437-CV

IN RE PADDY ARGOVITZ, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On the afternoon of May 6, 2004, relator filed a petition for writ of mandamus in this court in connection with an arbitration scheduled for the following morning.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon Supp. 2004); see also Tex. R. App. P. 52.  In her petition, relator seeks to have this court compel the Honorable Frank Rynd, presiding judge of the 309th District Court of Harris County, to set aside his orders (1) signed April 8, 2004, finding the parties= agreement entered January 8, 2004 is a binding mediated settlement agreement, and (2) signed April 23, 2004, referring the case to arbitration pursuant to the mediated settlement agreement. 

Mandamus is an extraordinary remedy, available only when a trial court clearly abuses its discretion, either in resolving factual issues or in determining legal principles, and there is no other adequate remedy by appeal.  In re Kuntz, 124 S.W.3d 179, 180 (Tex. 2003) Walker v. Packer, 827 S.W.2d 833, 839‑40 (Tex. 1992).  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 arbitrary, unreasonable, or reached without reference to any guiding rules or principles, amounting to a clear and prejudicial error of law.  Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917-18 (Tex. 1985).  When alleging that a trial court abused its discretion in its resolution of factual issues, the party must show the trial court could reasonably have reached only one decision.  Id. at 918.  As to the determination of legal principles, an abuse of discretion occurs if the trial court clearly fails to analyze or apply the law correctly.  Walker, 827 S.W.2d at 840.

We find relator has failed to demonstrate the trial court abused its discretion.  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed May 7, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.