in Re: Sherrie Cash ( 2020 )

Denied and Opinion Filed December 2, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00925-CV
IN RE SHERRIE CASH, ET AL., Relators
Original Proceeding from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-20-07375
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Evans
Opinion by Justice Molberg
Relators’ October 21, 2020 petition for writ of mandamus asks us to compel
the trial court to vacate its order granting real parties in interest’s motion to compel
arbitration. Entitlement to mandamus relief requires relators to show both that the
trial court has clearly abused its discretion and that they have no adequate appellate
remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). Here, relators have failed to show that they lack an adequate remedy
by appeal. In re Adelphi Grp., Ltd., No. 05-16-01060-CV, 2016 WL 5266655, at *1
(Tex. App.—Dallas Sept. 22, 2016, orig. proceeding) (mem. op.) (adequate remedy
exists if relator has failed to point to a statutorily expressed public policy that
overrides the general principle that mandamus relief is unavailable for orders
compelling arbitration). Accordingly, we deny the petition for writ of mandamus.
Having denied the petition, we also deny relators’ motion for temporary stay as
moot.
/Ken Molberg//
200925f.p05 KEN MOLBERG
JUSTICE
–2–