in Re: Copart, Inc., Copart of Houston, Inc., and Houston Copart Salvage Auto Auctions, LP ( 2019 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
IN RE: No. 08-18-00204-CV
§
COPART, INC., COPART OF AN ORIGINAL PROCEEDING
HOUSTON, INC., AND HOUSTON §
COPART SALVAGE AUTO IN MANDAMUS
AUCTIONS, LP, §
RELATORS. §
MEMORANDUM OPINION
Relators, Copart, Inc., Copart of Houston, Inc., and Houston Copart Salvage Auto
Auctions, LP, have filed a mandamus petition against the Honorable Selena Solis, Judge of the
243rd District Court of El Paso County, Texas, to challenge an order compelling pre-arbitration
discovery and failing to rule on Relators’ motion to compel arbitration. The petition for writ of
mandamus is denied.
Generally, mandamus relief is appropriate only to correct a clear abuse of discretion or to
compel the performance of a ministerial duty, and where the relator has no adequate remedy by
appeal. In re Reece, 341 S.W.3d 360, 364 (Tex. 2011)(orig. proceeding); In re Prudential
Insurance Company of America, 148 S.W.3d 124, 135-36 (Tex. 2004)(orig. proceeding). The
burden is on relator to show it is entitled to mandamus relief. See In re Ford Motor Company, 165
S.W.3d 315, 317 (Tex. 2005)(orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 837 (Tex.
1992)(orig. proceeding). After reviewing the mandamus petition and record, and the response
filed by the Real Party in Interest, we conclude that Relators have failed to show that they are
entitled to mandamus relief. Accordingly, we deny the petition for writ of mandamus.
August 21, 2019
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.
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