in Re: Louise King ( 2018 )

DENY; and Opinion Filed December 11, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01373-CV
IN RE LOUISE KING, Relator
Original Proceeding from the 254th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-08-4995
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Boatright
Opinion by Justice Boatright
Before the Court is real party in interest Paul Bhella’s motion to correct or revise
memorandum opinion. We grant the motion, withdraw our opinion dated November 21, 2018,
and vacate the order of that date. This is now the Court’s opinion. In this original proceeding,
relator seeks a writ of mandamus directing the trial court to vacate its order denying relator’s
motion to transfer the case and, alternatively, to vacate the order compelling the case to arbitration
and vacate the arbitrator’s pretrial orders.
To be entitled to mandamus relief, a relator must show both that the trial court has clearly
abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co.,
148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). It is generally inappropriate to grant
mandamus review of orders compelling arbitration, and parties who believe they are being
erroneously compelled to arbitrate when they have not agreed to arbitration have an adequate
remedy by appeal after final judgment. In re Adelphi Group, Ltd., No. 05-16-01060-CV, 2016 WL
5266655, at *1 (Tex. App.—Dallas Sept. 22, 2016, orig. proceeding) (citing In re Gulf Expl., LLC,
289 S.W.3d 836, 842 & n. 33 (Tex. 2009)). Because the parties have an adequate remedy by appeal,
relator is not entitled to mandamus relief. We must deny a petition for mandamus when the relator
is not entitled to relief. TEX. R. APP. P. 52.8(a). Accordingly, we deny relator’s petition for writ of
mandamus.
/Jason Boatright/
JASON BOATRIGHT
JUSTICE
181373F.P05
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