Opinion
No. 05-21-00026-CV
03-24-2021
IN RE COOLEY HOLDINGS, LTD, COOLEY HOLDINGS 3 LLC D/B/A CLAY COOLEY CHEVROLET, AND CHASE E. COOLEY, Relators
Original Proceeding from the County Court at Law No. 4 Dallas County, Texas
Trial Court Cause No. CC-20-03434-D
MEMORANDUM OPINION
Before Justices Myers, Partida-Kipness, and Carlyle
Opinion by Justice Myers
In their January 12, 2021 petition for writ of mandamus, relators challenge the trial court's ruling granting real party in interest's motion to strike parts of the arbitration agreement and enforce the agreement's legal terms as written. Entitlement to mandamus relief requires relators to show that the trial court has clearly abused its discretion and that relators have no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).
We decline to consider relators' claims for mandamus relief because they have not shown that they presented their objections below. See In re Am. Optical Corp., 988 S.W.2d 711, 714 (Tex. 1998) (declining to consider relevance objections because relator failed to present them to the trial court); In re Pursuit of Excellence, Inc., No. 05-18-00672-CV, 2018 WL 6566644, at *4 (Tex. App.—Dallas Dec. 13, 2018, orig. proceeding) (finding that relator's failure to object to lack of a show cause order waived an objection on that basis for mandamus review). Accordingly, we deny the petition for writ of mandamus. We also deny as moot relators' motion to consolidate parallel mandamus and appeal proceedings.
/Lana Myers/
LANA MYERS
JUSTICE 210026F.P05