Opinion
NUMBER 13-18-00460-CV
08-24-2018
IN RE GRANCHELLI CONSTRUCTION, LLC
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Contreras, Longoria, and Hinojosa
Memorandum Opinion by Justice Hinojosa
See TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions); id. R. 52.8(d) ("When granting relief, the court must hand down an opinion as in any other case," but when "denying relief, the court may hand down an opinion but is not required to do so.").
Relator Granchelli Construction, LLC filed a petition for writ of mandamus and motion to stay in the above cause. Relator challenges the trial court's order denying its motion to refer the underlying lawsuit to arbitration and by motion to stay, relator seeks to stay the trial court proceedings, including the October 29, 2018 trial setting, pending resolution of this original proceeding.
To obtain relief by writ of mandamus, a relator must establish that an underlying order is void or a clear abuse of discretion and that no adequate appellate remedy exists. In re Nationwide Ins. Co. of Am., 494 S.W.3d 708, 712 (Tex. 2016) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). An abuse of discretion occurs when a trial court's ruling is arbitrary and unreasonable or is made without regard for guiding legal principles or supporting evidence. In re Nationwide, 494 S.W.3d at 712; Ford Motor Co. v. Garcia, 363 S.W.3d 573, 578 (Tex. 2012). We determine the adequacy of an appellate remedy by balancing the benefits of mandamus review against the detriments. In re Essex Ins. Co., 450 S.W.3d 524, 528 (Tex. 2014) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d at 136. In deciding whether the benefits of mandamus outweigh the detriments, we weigh the public and private interests involved, and we look to the facts in each case to determine the adequacy of an appeal. In re United Servs. Auto. Ass'n, 307 S.W.3d 299, 313 (Tex. 2010) (orig. proceeding); In re McAllen Med. Ctr., Inc., 275 S.W.3d 458, 469 (Tex. 2008) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d at 136-37.
Orders denying motions to compel arbitration are generally subject to interlocutory appeal. See TEX. CIV. PRAC. & REM. CODE ANN. §51.016 (West, Westlaw through 2017 1st C.S.) (providing for appeals in matters subject to the Federal Arbitration Act "under the same circumstances that an appeal from a federal district court's order or decision would be permitted by 9 U.S.C. Section 16"); id. § 171.098 (West, Westlaw through 2017 1st C.S.) (providing for an appeal of an order denying an application to compel arbitration under the Texas Arbitration Act); see also 9 U.S.C.A. § 16 (West, Westlaw through P.L. 115-223); In re Starry Skies Ranch, LP, No. 01-18-00517-CV, 2018 WL 3040494, at *1 (Tex. App.—Houston [1st Dist.] June 19, 2018, orig. proceeding) (mem. op., per curiam); In re Dallas Food & Beverage, LLC, No. 05-17-00643-CV, 2017 WL 2610040, at *1 (Tex. App.—Dallas June 16, 2017, orig. proceeding) (mem. op.); In re Hart of Tex. Cattle Feeders, LLC, No. 07-16-00194-CV, 2016 WL 3180436, at *2 (Tex. App.—Amarillo June 2, 2016, orig. proceeding) (mem. op.)
Based upon the mandamus record presented, the trial court has not yet signed a written order denying the motion to compel arbitration. See TEX. R. APP. P. 25.1 (providing that an appeal is perfected "when a written notice of appeal is filed with the trial court clerk); id. R. 26.1 (stating the deadlines for filing a notice of appeal); id. R. 26.3 (providing for extensions of time to file a notice of appeal).
The Court, having examined and fully considered the petition for writ of mandamus, the record, and the applicable law, is of the opinion that the relator has not met its burden to obtain mandamus relief insofar as it has an adequate remedy by appeal. Accordingly, we DENY the petition for writ of mandamus and the motion for stay.
LETICIA HINOJOSA,
Justice Delivered and filed the 24th day of August, 2018.