Opinion
01-23-00708-CV
02-22-2024
In re OxyVinyls, LP
164th District Court of Harris County No. 2022-09148
ORDER
April Farris, Judge
On October 2, 2023, relator OxyVinyls, LP filed a petition for a writ of mandamus, requesting, in part, that this Court issue a writ of mandamus directing the trial court to rule on its Motion to Compel Arbitration, filed April 18, 2023. On the request of the Court, real party in interest, Kevin A. Williams, filed a response to the petition for writ of mandamus.
On December 28, 2023, the Court conditionally granted relator's petition for writ of mandamus, directing the trial court to rule on relator's Motion to Compel Arbitration. The trial court was directed to rule within thirty days of the date of the Court's opinion and was notified that the writ of mandamus would "issue only if the trial court fail[ed]" to rule in accordance with the Court's December 28, 2023 opinion.
On February 8, 2024, relator filed a "Motion to Issue Writ of Mandamus." In its motion, relator notified the Court that the trial court had not complied with the Court's December 28, 2023 opinion directing the trial court to rule on relator's Motion to Compel Arbitration. Accordingly, relator requested that the Court grant its motion and "issue an order compelling [the trial court] to rule on [relator's] Motion to Compel Arbitration by a date certain."
Relator's motion includes a certificate of conference stating that relator conferred with real party in interest, who is opposed to the relief requested in the motion. See Tex. R. App. P. 10.1(a)(5). However, more than ten days have passed and real party in interest has not filed a response to the motion. See Tex. R. App. P. 10.3(a).
Relator's motion is granted. The trial court is directed to rule on relator's Motion to Compel Arbitration, as required by the Court's December 28, 2023 opinion, within ten days of the date of this order. Failure to rule on relator's Motion to Compel
Arbitration within ten days of the date of this order will result in the issuance of the writ of mandamus.
It is so ORDERED.