in Re Stefani Bambace

Court of Appeals of Texas·Decided November 13, 2018·No. 14-18-00953-CV·Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 13, 2018.

In The

Fourteenth Court of Appeals

NO. 14-18-00953-CV

IN RE STEFANI BAMBACE, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 234th District Court Harris County, Texas Trial Court Cause No. 2018-27762

MEMORANDUM OPINION

On October 31, 2018, relator Stefani Bambace filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Wesley Ward, presiding judge of the 234th District Court of Harris County, to vacate his September 17, 2018 order compelling arbitration of the action below.

With certain exceptions not applicable here, to obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that relator has no adequate remedy at law, such as an appeal. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Relator has not shown that she does not have an adequate remedy by appeal after final judgment. See In re Gulf Exploration, LLC, 289 S.W.3d 836, 842–43 (Tex. 2009) (orig. proceeding); Kahn v. Baker Nissan N., Inc., No. 14-09-00106-CV, 2009 WL 1795580 (Tex. App.— Houston [14th Dist.] June 25, 2009, orig. proceeding) (per curiam) (mem. op.). Accordingly, we deny relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Donovan, Wise, and Jewell.

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)
In Re Gulf Exploration, LLC
289 S.W.3d 836 (Texas Supreme Court, 2009)