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.