Opinion
No. 05-03-00186-CV.
Opinion issued March 26, 2003.
Original Proceeding from the 191st Judicial District Court, Dallas County, Texas, Trial Court Cause No. 02-3650.
Writ of Mandamus Denied.
Before Justices WRIGHT, MOSELEY, and RICHTER.
MEMORANDUM OPINION
Relator contends the trial judge erred in denying its motion to compel arbitration and stay litigation. The facts of this original proceeding are known to the parties so we do not recite them here. In order to receive relief by writ of mandamus, relator must show that there is a valid agreement between the parties to arbitrate under the federal arbitration act which covers the claims in dispute. We apply Texas law to determine whether the parties agreed to arbitrate. See First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 944 (1995) (apply state law to questions involving formation of contract under federal arbitration act). Further, relator must show that the trial judge clearly abused her discretion in denying the motion to compel arbitration. In re Oakwood Mobile Homes, 987 S.W.2d 571, 573 (Tex. 1998). A trial judge abuses her discretion when she reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law. See Walker v. Packer, 827 S.W.2d 833, 839-842 (Tex. 1992) (orig. proceeding).
Based on the record presented, we conclude the trial judge had sufficient evidence before her on which to base her decision that there was not an agreement between the parties to arbitrate under the federal arbitration act. Accordingly, we conclude relator has failed to show the trial judge clearly abused her discretion in denying the motion to compel arbitration and stay litigation. We DENY relator's petition for writ of mandamus . See Tex.R.App.P. 52.8(a). The Court VACATES its stay of all trial court proceedings issued February 12, 2003 .
Richter, J., dissenting without opinion.