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In re Dimet S.A. De C.V.

Court of Appeals of Texas, First District
Nov 21, 2023
No. 01-23-00820-CV (Tex. App. Nov. 21, 2023)

Opinion

01-23-00820-CV

11-21-2023

IN RE DIMET S.A. DE C.V., Relator


Original Proceeding on Petition for Writ of Mandamus

Panel consists of Justices Kelly, Hightower, and Guerra.

MEMORANDUM OPINION

PER CURIAM.

Relator Dimet S.A. de C.V. has filed a petition for writ of mandamus challenging the trial court's order granting arbitration. Relator also seeks a stay of the order.

The underlying case is Dimet S.A. de C.V. v. Consolidated Ship Repair & Marine Fabrication, LLC, Hydra Subsea, LLC, and J.A.H. Enterprises Inc., D/B/A Henderson Auctions, cause number 23-DCV-300674, pending in the 240th District Court of Fort Bend County, Texas, the Honorable Surendran Pattel presiding.

Relator has not established the requirements for mandamus relief. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (holding that to obtain mandamus relief, relator must show trial court clearly abused its discretion and relator has no adequate remedy by appeal); see also In re Gulf Expl., LLC, 289 S.W.3d 836, 842-43 (Tex. 2009) (even if relator shows abuse of discretion, relator rarely lacks adequate remedy of appeal from order compelling arbitration). Accordingly, we deny relief. See Tex. R. App. P. 52.8(a). Any pending motions are dismissed as moot.


Summaries of

In re Dimet S.A. De C.V.

Court of Appeals of Texas, First District
Nov 21, 2023
No. 01-23-00820-CV (Tex. App. Nov. 21, 2023)
Case details for

In re Dimet S.A. De C.V.

Case Details

Full title:IN RE DIMET S.A. DE C.V., Relator

Court:Court of Appeals of Texas, First District

Date published: Nov 21, 2023

Citations

No. 01-23-00820-CV (Tex. App. Nov. 21, 2023)