No. 08-11-00271-CVCourt of Appeals of Texas, Eighth District, El Paso.
September 28, 2011.
Case Number: 08-11-00271-CV 10/13/2011 Motion to Stay Filed 10/12/2011 petition for writ of mandamus filed 10/12/2011 Appendix Filed
An Original Proceeding in Mandamus.
Before CHEW, C.J., McCLURE, and RIVERA, JJ.
CHEW, C.J., not participating.
MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS
ANN CRAWFORD McCLURE, Justice.
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.
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