In Re: Sun Fab Industrial Contracting, Inc.--Appeal from County Court at Law No 7 of El Paso County

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE: § RELATOR. § AN ORIGINAL PROCEEDING § SUN FAB INDUSTRIAL CONTRACTING, INC., No. 08-11-00085-CV IN MANDAMUS § MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS Relator seeks a writ of mandamus to overturn an order denying its motion to compel arbitration pursuant to the Federal Arbitration Act ( FAA ). A writ of mandamus will issue only if the trial court clearly abused its discretion and if the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of America, 148 S.W.3d 124, 135-36 (Tex. 2004). A party may bring an interlocutory appeal from an order denying a motion to compel arbitration under the FAA. See TEX .CIV .PRAC.&REM .CODE ANN . § 51.016 (West Supp. 2010); In re Merrill Lynch & Co., Inc., 315 S.W.3d 888, 891 n.3 (Tex. 2010)(orig. proceeding); Sidley Austin Brown & Wood, LLP v. J.A. Green Dev. Corp., 327 S.W.3d 859, 861 (Tex.App.--Dallas 2010, no pet.). Because Relator has an adequate remedy by appeal, the petition for a writ of mandamus is denied. See In re H.D. Vest, Inc., ___ S.W.3d ___, ___, 2010 WL 4816067, at *1 (Tex.App.--El Paso Nov. 29, 2010, orig. proceeding).1 1 An appeal, docketed as No. 08-10-00340-CV, is pending in this Court from the same order that is being challenged in this mandamus proceeding. March 23, 2011 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ. -2-

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