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In re Sherrie Cash

Court of Appeals Fifth District of Texas at Dallas
Dec 2, 2020
No. 05-20-00925-CV (Tex. App. Dec. 2, 2020)

Opinion

No. 05-20-00925-CV

12-02-2020

IN RE SHERRIE CASH, ET AL., Relators


Original Proceeding from the 134th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-20-07375

MEMORANDUM OPINION

Before Justices Myers, Molberg, and Evans
Opinion by Justice Molberg

Relators' October 21, 2020 petition for writ of mandamus asks us to compel the trial court to vacate its order granting real parties in interest's motion to compel arbitration. Entitlement to mandamus relief requires relators to show both that the trial court has clearly abused its discretion and that they have no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Here, relators have failed to show that they lack an adequate remedy by appeal. In re Adelphi Grp., Ltd., No. 05-16-01060-CV, 2016 WL 5266655, at *1 (Tex. App.—Dallas Sept. 22, 2016, orig. proceeding) (mem. op.) (adequate remedy exists if relator has failed to point to a statutorily expressed public policy that overrides the general principle that mandamus relief is unavailable for orders compelling arbitration). Accordingly, we deny the petition for writ of mandamus. Having denied the petition, we also deny relators' motion for temporary stay as moot.

/Ken Molberg//

KEN MOLBERG

JUSTICE 200925f.p05


Summaries of

In re Sherrie Cash

Court of Appeals Fifth District of Texas at Dallas
Dec 2, 2020
No. 05-20-00925-CV (Tex. App. Dec. 2, 2020)
Case details for

In re Sherrie Cash

Case Details

Full title:IN RE SHERRIE CASH, ET AL., Relators

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Dec 2, 2020

Citations

No. 05-20-00925-CV (Tex. App. Dec. 2, 2020)