IN THE
TENTH COURT OF APPEALS
No. 10-19-00459-CV
IN RE JPG WACO HERITAGE, LLC
Original Proceeding
MEMORANDUM OPINION
JPG Waco Heritage LLC. filed a petition for writ of mandamus to order the trial
court to vacate its order compelling arbitration and to enter an order denying the motion
to compel arbitration.
To be entitled to mandamus relief, a relator must demonstrate (1) the trial court
clearly abused its discretion; and (2) the relator has no adequate remedy by appeal. In re
Reece, 341 S.W.3d 360, 364 (Tex. 2011) (orig. proceeding); In re Mid-Century Insurance
Company, 549 S.W.3d 730, 733 (Tex. App. —Waco 2017, orig. proceeding). In the context
of orders compelling arbitration, even if a petitioner can meet the first requirement,
mandamus is generally unavailable because it can rarely meet the second. In re Gulf
Exploration, LLC, 289 S.W.3d 836, 842 (Tex. 2009) (orig. proceeding). If a trial court
compels arbitration when the parties have not agreed to it, that error can unquestionably
be reviewed by final appeal. Id. Both federal and Texas statutes provide for vacating an
arbitration award by final appeal if the arbitrators exceeded their powers. Id. If appeal
is an adequate remedy for an order compelling arbitration, mandamus must be denied.
Id. Standing alone, delay and expense generally do not render a final appeal inadequate.
Id.
Because JPG Waco Heritage, LLC has an adequate remedy by appeal, we deny the
petition for writ of mandamus.
JOHN E. NEILL
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Petition denied
Opinion delivered and filed February 26, 2020
[OT06]
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