in Re Han Nara Enterprises, L.P. ( 2008 )

Opinion filed July 31, 2008

Opinion filed July 31, 2008

In The

    Eleventh Court of Appeals

                                                    __________

                                               No. 11-08-00147-CV                                                                                                             __________

IN RE HAN NARA ENTERPRISES, L.P.

Original Mandamus Proceeding

                                              M E M O R A N D U M   O P I N I O N

The trial court stayed the underlying lawsuit and ordered that the dispute proceed to arbitration.  The facts are well known to the parties, and we need not recount them here.  The trial court stayed the proceedings pending arbitration; it did not dismiss them.  The trial court enforced arbitration; it did not decline to enforce arbitration.  Generally, under those circumstances, mandamus is not available unless a Aparty can meet a >particularly heavy= mandamus burden to show >clearly and indisputably that the district court did not have the discretion to stay the proceedings pending arbitration.=@  In re Palacios, 221 S.W.3d 564, 565 (Tex. 2006) (citing Apache Bohai Corp., LDC v. Texaco China, B.V., 330 F.3d 307, 310-11 (5th Cir. 2003)).  On the record before us, we determine that relator has not met that heavy burden and that mandamus is not available.

The petition for writ of mandamus is denied.

July 31, 2008                                                               PER CURIAM

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.