Opinion
NO. 14-19-00003-CV
01-15-2019
IN RE MATULA & MATULA CONSTRUCTION, INC., Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
23rd District Court Brazoria County, Texas
Trial Court Cause No. 88715-CV
MEMORANDUM OPINION
On January 3, 2019, relator Matula & Matula Construction, Inc. filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator complains of the June 27, 2018 order compelling arbitration and asks this court to compel the respondent to set it aside.
Relator names the Honorable Ben Hardin, the presiding judge of the 23rd District Court of Brazoria County, as the respondent. However, the Honorable Carolyn Marks Johnson signed the June 27, 2018 order. Because Judge Johnson signed the complained-of order, she is the proper respondent. See In re Schmitz, 285 S.W.3d 541, 543 (Tex. 2009) (orig. proceeding).
We hold that relator has an adequate remedy by appeal. See In re Gulf Exploration, LLC, 289 S.W.3d 836, 842-43 (Tex. 2009) (orig. proceeding). Therefore, relator has not established that it is entitled to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus.
PER CURIAM Panel consists of Justices Christopher, Hassan, and Poissant.