Opinion
No. 06-05-00091-CV
Submitted: August 23, 2005.
Decided: August 24, 2005.
Original Mandamus Proceeding.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
On July 14, 2005, Construction Network, Inc. (CNI) filed a petition for writ of mandamus in this Court asking us to direct the trial court to order the case to arbitration. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004); see also Tex.R.App.P. 52.
Mandamus relief is an extraordinary remedy. In re J.D. Edwards World Solutions Co., 87 S.W.3d 546, 549 (Tex. 2002). We will issue a writ of mandamus only when the mandamus record establishes (1) a clear abuse of discretion or the violation of a legally imposed duty, and (2) the absence of a clear and adequate remedy at law. Id.; Cantu v. Longoria, 878 S.W.2d 131, 132 (Tex. 1994). It is the relator's burden to show entitlement to the requested relief. See Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985) (orig. proceeding). The relator must establish that the trial court could reasonably have reached only one decision. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding).
CNI contends the trial court abused its discretion in denying CNI's motion to compel arbitration. Based on the record before us, however, we conclude CNI has not demonstrated it is entitled to mandamus relief. See Tex.R.App.P. 52.8(a); Walker, 827 S.W.2d at 839-44.
Accordingly, we deny CNI's petition for writ of mandamus.