in Re Stephen Dawson

• Court: Court of Appeals of Texas
• Decided: January 22, 2015
• Docket: 09-15-00022-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-15-00022-CV _________________

IN RE STEPHEN DAWSON

________________________________________________________________________

Original Proceeding ________________________________________________________________________

MEMORANDUM OPINION

Stephen Dawson filed a petition for writ of mandamus seeking to compel the

visiting judge presiding in the 410th District Court of Montgomery County, Texas,

to vacate a final arbitration award in favor of Wells Fargo Bank National

Association, to issue a new ruling that includes conclusions of law concerning

Dawson’s petition to vacate the arbitration award, and to sign a new final judgment

without handwritten interlineations. Dawson claims he does not have an adequate

remedy at law by appeal because “it is not clear which party he should appeal the

award against when the judicial system is not making a distinction between Wells

1 Fargo N.A. (the entity Dawson arbitrated against) and Wells Fargo, National

Association (the entity Dawson contracted with); two different entities.”

After carefully reviewing the mandamus petition and record, we conclude

that the relator failed to establish that he lacks an adequate remedy by appeal.1 See

generally In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 136 (Tex. 2004); Tex.

Civ. Prac. & Rem. Code Ann. § 171.098(a)(3) (West 2011). Accordingly, we deny

the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Submitted on January 21, 2015 Opinion Delivered January 22, 2015

Before McKeithen, C.J., Horton and Johnson, JJ.

1 Generally, an appeal from a final judgment must be taken within thirty days of the date the judgment is signed by filing a notice of appeal with the trial court. See Tex. R. App. P. 25.1, 26.1. The record for an appeal differs from a mandamus record. Compare Tex. R. App. P. 34 with Tex. R. App. P. 52.7. In an appropriate circumstance, an extension of time to file a notice of appeal may be granted to an appellant who attempted to invoke the appellate jurisdiction of the Court of Appeals within fifteen days of the deadline. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). 2