in Re: Arrow Freight Management, Inc.

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
IN RE: ARROW FREIGHT § No. 08-11-00271-CV
MANAGEMENT, INC.,
§ AN ORIGINAL PROCEEDING
Relator.
§ IN MANDAMUS
MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS
Relator seeks a writ of mandamus to overturn an order denying its motion to compel
arbitration pursuant to the Federal Arbitration Act (FAA). A writ of mandamus will issue only if
the trial court clearly abused its discretion and if the relator has no adequate remedy by appeal. In
re Prudential Ins. Co. of America, 148 S.W.3d 124, 135-36 (Tex. 2004). A party may take an
interlocutory appeal from an order denying a motion to compel arbitration under the FAA. See
TEX .CIV .PRAC.& REM .CODE ANN . § 51.016 (West Supp. 2010); In re Merrill Lynch & Co., Inc., 315
S.W.3d 888, 891 n.3 (Tex. 2010)(orig. proceeding). Because Relator has an adequate remedy by
appeal, the petition for a writ of mandamus is denied. See In re H.D. Vest, Inc., 334 S.W.3d 333,
334 (Tex.App.--El Paso 2010, orig. proceeding). Relator’s motion to stay is likewise denied.
September 28, 2011
ANN CRAWFORD McCLURE, Justice
Before Chew, C.J., McClure, and Rivera, JJ.
Chew, C.J., not participating