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in Re R.L. Rohde General Contracting, Inc.

Citation: Not availableDocket: 04-13-00259-CV

Court: Court of Appeals of Texas; May 15, 2013; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

R.L. Rohde General Contracting, Inc. filed a petition for a writ of mandamus on April 23, 2013, contesting the trial court's denial of its motion to compel arbitration under the Federal Arbitration Act (FAA). The court determined that relief via mandamus was not warranted because the relator failed to demonstrate an inadequate remedy by appeal, which is necessary for granting such relief. The court referenced Texas Civil Practice and Remedies Code section 51.016, which allows for an appeal from orders related to arbitration under the same circumstances as federal law. The case arose from Cause No. 2012-CI-20355, presided over by Judge David A. Canales in the 73rd Judicial District Court but involved an order signed by Judge Antonia Arteaga from the 57th Judicial District Court. In conclusion, the petition for writ of mandamus was denied.

Legal Issues Addressed

Appeal from Orders Related to Arbitration

Application: The court highlighted that Texas Civil Practice and Remedies Code section 51.016 permits appeals from arbitration-related orders under conditions analogous to those in federal law.

Reasoning: The court referenced Texas Civil Practice and Remedies Code section 51.016, which allows for an appeal from orders related to arbitration under the same circumstances as federal law.

Jurisdiction in Arbitration Disputes

Application: The decision underscores the jurisdictional interplay where a case initiated in one district court can involve orders signed by a judge from a different district court.

Reasoning: The case arose from Cause No. 2012-CI-20355, presided over by Judge David A. Canales in the 73rd Judicial District Court but involved an order signed by Judge Antonia Arteaga from the 57th Judicial District Court.

Mandamus Relief Requirements

Application: The court evaluated whether R.L. Rohde General Contracting, Inc. demonstrated an inadequate remedy by appeal, which is a prerequisite for mandamus relief.

Reasoning: The court determined that relief via mandamus was not warranted because the relator failed to demonstrate an inadequate remedy by appeal, which is necessary for granting such relief.