In Re Woodville Ford, Inc.--Appeal from 88th District Court of Tyler County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-04-490 CV
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IN RE WOODVILLE FORD, INC.
Original Proceeding
MEMORANDUM OPINION (1)

Relator Woodville Ford, Inc., filed a motion in the 88th District Court of Tyler County, Texas, for a stay of an arbitration order of the 190th District Court, on the grounds of dominant jurisdiction. Rather than stay the arbitration ordered by the other court, as requested by the relator during the hearing on its motion, the trial court appointed the same arbitrator to serve in the Tyler County litigation. Woodville Ford, Inc., filed a petition for writ of mandamus in which it complains the trial court erred in failing to stay the order of the 190th District Court, in ordering arbitration when no motion to arbitrate was before the trial court, in granting relief without evidence, and in failing to select an arbitrator in the manner required by the contract.

Mandamus issues only to correct a clear abuse of discretion or the violation of a duty imposed by law where there is no adequate remedy by appeal. Walker v. Packer, 827 S.W.2d 833, 839 (Tex.1992). The relator has not shown that it is entitled to the relief sought. Accordingly, the petition for writ of mandamus, filed November 22, 2004, is denied.

WRIT DENIED.

PER CURIAM

 

Opinion Delivered December 2, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.