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IN RE HAN NARA ENT.

Court of Appeals of Texas, Eleventh District, Eastland
Jul 31, 2008
No. 11-08-00147-CV (Tex. App. Jul. 31, 2008)

Opinion

No. 11-08-00147-CV

Opinion filed July 31, 2008.

Original Mandamus Proceeding.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.


MEMORANDUM OPINION


The trial court stayed the underlying lawsuit and ordered that the dispute proceed to arbitration. The facts are well known to the parties, and we need not recount them here. The trial court stayed the proceedings pending arbitration; it did not dismiss them. The trial court enforced arbitration; it did not decline to enforce arbitration. Generally, under those circumstances, mandamus is not available unless a "party can meet a `particularly heavy' mandamus burden to show `clearly and indisputably that the district court did not have the discretion to stay the proceedings pending arbitration.'" In re Palacios, 221 S.W.3d 564, 565 (Tex. 2006) (citing Apache Bohai Corp., LDC v. Texaco China, B.V., 330 F.3d 307, 310-11 (5th Cir. 2003)). On the record before us, we determine that relator has not met that heavy burden and that mandamus is not available.

The petition for writ of mandamus is denied.


Summaries of

IN RE HAN NARA ENT.

Court of Appeals of Texas, Eleventh District, Eastland
Jul 31, 2008
No. 11-08-00147-CV (Tex. App. Jul. 31, 2008)
Case details for

IN RE HAN NARA ENT.

Case Details

Full title:IN RE HAN NARA ENTERPRISES, L.P

Court:Court of Appeals of Texas, Eleventh District, Eastland

Date published: Jul 31, 2008

Citations

No. 11-08-00147-CV (Tex. App. Jul. 31, 2008)