Opinion
01-22-00854-CV
03-28-2023
IN RE EPIC CUSTOM HOMES, LTD AND GREG V. TAYLOR, Relators
Original Proceeding on Petition for Writ of Mandamus
Panel consists of Justices Kelly, Rivas-Molloy, and Farris.
MEMORANDUM OPINION
PER CURIAM
Relators Epic Custom Homes, Ltd. and Greg V. Taylor filed a petition for writ of mandamus challenging the trial court's order denying their motion to abate proceedings and compel arbitration. Within their petition, relators request that we stay the trial court's proceedings. Relators state that trial was set for the two-week period beginning November 15, 2022. We deny relief.
The underlying case is Stephanie Kindle and Brent Kindle v. Epic Custom Homes, Ltd. and Greg V. Taylor, cause number 2019-75448, pending in the 295th District Court of Harris County, Texas, the Honorable Donna Roth presiding.
To obtain mandamus relief, relators must establish that the trial court abused its discretion and they lack an adequate remedy by appeal. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding). The denial of a motion to compel arbitration is immediately appealable under both the Federal Arbitration Act and the Texas Arbitration Act. See SK Plymouth, LLC v. Simmons, 605 S.W.3d 706, 713 (Tex. App.-Houston [1st Dist.] 2020, no pet.) (citing Tex. Civ. Prac. & Rem. Code § 51.016 and 9 U.S.C. § 16(a)(1)(B) for appeal of denial of arbitration under the Federal Act); Tex. Civ. Prac. & Rem. Code § 171.098(a) (permitting appeal of order denying application to compel arbitration under Texas Arbitration Act).
Although relators have an appellate remedy by statute, they fail to explain why this remedy is inadequate. Relators have failed to establish their entitlement to mandamus relief. See In re Santander Consumer USA, Inc., 445 S.W.3d 216, 222- 223 (Tex. App.-Houston [1st Dist.] 2013, orig. proceeding) (denying relief because relator failed to establish it lacked an adequate remedy by interlocutory appeal).
Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a). Any pending motions are dismissed as moot.