In re Pearland Urban Air, LLC Appeal from 270th District Court of Harris County (memorandum opinion)
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Petition for Writ of Mandamus Denied and Memorandum Majority and Dissenting Opinions filed October 21, 2022. In The Fourteenth Court of Appeals NO. 14-22-00753-CV IN RE PEARLAND URBAN AIR, LLC, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 270th District Court Harris County, Texas Trial Court Cause No. 2022-17046 MEMORANDUM MAJORITY OPINION On October 19, 2022, relator Pearland Urban Air, LLC filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable Dedra Davis, presiding judge of the 270th District Court of Harris County, to vacate the trial court’s September 29, 2022 order denying relator’s motion to compel arbitration and dismiss proceedings, or in the alternative to stay proceedings. Relator has not established that it is entitled to mandamus relief. Specifically, relator has not shown that it lacks an adequate remedy by appeal. See Tex. Civ. Prac. & Rem. Code Ann. § 51.016 (allowing appeals under the same circumstances that 9 U.S.C. § 16 would permit an appeal from a federal district court’s order); 9 U.S.C. § 16(a)(1)(C) (“An appeal may be taken from . . . an order . . . denying an application . . . to compel arbitration . . . .”). Accordingly, we deny relator’s petition for writ of mandamus. Margaret “Meg” Poissant Justice /s/ Panel consists of Justices Spain, Poissant, and Wilson (Spain, J., dissenting). 2
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