DENY and Opinion Filed September 15, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00785-CV
IN RE INFORM DIAGNOSTICS, INC. F/K/A MIRACA LIFE SCIENCE,
INC., Relator
Original Proceeding from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-20-10190-J
MEMORANDUM OPINION
Before Justices Osborne, Reichek, and Browning
Opinion by Justice Osborne
Before the Court are relator’s September 1, 2020 petition for writ of
mandamus; relator’s September 4, 2020 emergency motion for temporary relief; and
real party in interest’s response to the emergency motion. In the petition, relator
complains of the trial court’s denial of relator’s motion to compel arbitration
pursuant to the Federal Arbitration Act.
Entitlement to mandamus relief requires relator to show both that the trial
court has clearly abused its discretion and that relator has no adequate appellate
remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). Relator has failed to show it lacks an adequate remedy on appeal. See
In re Dallas Food & Beverage, LLC d/b/a Bucks Cabaret, No. 05-17-00643-CV,
2017 WL 2610040 (Tex. App.—Dallas June 16, 2017, orig. proceeding) (mem. op.)
(adequate remedy exists where motion denying arbitration complained of in
mandamus is subject to interlocutory appeal). Accordingly, we deny the petition for
writ of mandamus. Having denied the petition, we also deny relator’s emergency
motion for temporary relief as moot.
/Leslie Osborne/
LESLIE OSBORNE
JUSTICE
200785F.P05
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