Opinion
01-23-00708-CV
03-08-2024
In re OxyVinyls, LP
Trial court: 164th District Court of Harris County Trial court case number: 2022-09148
ORDER RELATING TO WRIT OF MANDAMUS
Terry Adams, Chief Justice.
On October 2, 2023, relator OxyVinyls, LP filed a petition for 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 Respondent, the Honorable C. Elliott Thornton, Presiding Judge of the 164th District Court of Harris County, Texas, to rule on relator's Motion to Compel Arbitration. Respondent was ordered to rule on relator's motion within thirty days of the date of the opinion and 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. Accordingly, on February 22, 2024, the Court ordered Respondent to rule on relator's Motion to Compel Arbitration within ten days of the date of the order. Respondent was further notified that the failure to rule in accordance with the Court's December 28, 2023 opinion and February 22, 2024 order would result in the issuance of the writ of mandamus.
This Court's records reflect that Respondent has not ruled on relator's Motion to Compel Arbitration. Accordingly, on March 8, 2024, this Court issued a Writ of Mandamus, ordering Respondent to comply with this Court's December 28, 2023 opinion directing the trial court to rule on relator's Motion to Compel Arbitration. The Writ of Mandamus ordered Respondent to rule immediately, no later than 5:00 p.m. on Wednesday, March 20, 2024.
This Court mandated that any failure by Respondent to fully and timely comply with our Writ of Mandamus would result in the immediate initiation of a proceeding before this Court for contempt.
Respondent is hereby ordered to file a status letter with this Court, with service on all parties, no later than 5:00 p.m. on Wednesday, March 20, 2024, certifying that she has fully and timely complied with this Court's Writ of Mandamus.
It is so ORDERED.