in Re Williams Air Technologies LLC

• Court: Court of Appeals of Texas
• Decided: November 7, 2014
• Docket: 09-14-00454-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-14-00454-CV _________________

IN RE WILLIAMS AIR TECHNOLOGIES LLC

________________________________________________________________________

Original Proceeding ________________________________________________________________________

MEMORANDUM OPINION

Williams Air Technologies LLC filed a petition for a writ of mandamus and

a motion for temporary relief through which it seeks to stay arbitration proceedings

that are scheduled to begin on October 17, 2014, and to compel the Judge of the

284th District Court of Montgomery County, Texas, to vacate the trial court’s

order of August 11, 2014, which compels arbitration in a suit on a contract

between Relator and one of the real parties in interest, Newport Classic Homes,

L.P. Relator contends the agreement is void due to unconscionability and argues

that the trial court erred in compelling arbitration because the real parties in interest

failed to produce evidence contrary to Relator’s evidence of the expense of

1 arbitration and the inability to meet those expenses. Relator does not explain the

approximate two-month delay between the date on which the trial court signed the

order and the date Relator filed its petition seeking mandamus relief.

After reviewing the mandamus petition and the record that Relator submitted

with its petition, we conclude that Relator has not shown that it is entitled to

mandamus relief. See Tex. R. App. P. 52.8(a). Accordingly, we deny the motion

for temporary relief and the petition for writ of mandamus. Id.

PETITION DENIED.

PER CURIAM

Submitted on October 15, 2014 Opinion Delivered October 16, 2014

Before Kreger, Horton, and Johnson, JJ.