In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-08-473 CV
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IN RE SABINE SYNGAS, LTD. AND SABINE POWER, L.L.C.
Sabine Syngas, Ltd. and Sabine Power, L.L.C. filed a petition for writ of mandamus and a motion to stay the trial court's order compelling arbitration. Although the trial court signed an order compelling arbitration on November 26, 2007, the relators sought mandamus relief for the first time on November 5, 2008, the day before the arbitration was scheduled to begin. We deny the petition and motion for temporary relief.
Although mandamus is a legal remedy, it is largely controlled by equitable principles, including the principle that "[e]quity aids the diligent and not those who slumber on their rights." Rivercenter Assocs. v. Rivera, 858 S.W.2d 366, 367 (Tex. 1993) (quoting Callahan v. Giles, 137 Tex. 571, 576, 155 S.W.2d 793, 795 (1941)). The trial court ordered the parties to arbitrate the relators' third-party tort claims with the parties' claims and counterclaims for breach of contract almost one year before the petition for writ of mandamus was filed with this Court. The petition and record provide no adequate explanation for the relators' delay in seeking relief from this Court.
In addition, to obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004). On this record the relators failed to establish that appeal would not be an adequate remedy. See Perry Homes v. Cull, 258 S.W.3d 580, 585-86 (Tex. 2008). Accordingly, we deny the petition for writ of mandamus and motion for temporary relief.
PETITION DENIED.
PER CURIAM
Opinion Delivered November 5, 2008
Before McKeithen, C.J., Gaultney and Kreger, JJ.