Willie James Winn, III v. The State of Texas--Appeal from 155th District Court of Fayette County

State: Texas

Court: Texas Northern District Court

Docket No: 03-99-00385-CR

Case Date: 09/21/2000

Plaintiff: Marc Kevin Williams

Defendant: The State of Texas--Appeal from County Court at Law No 3 of Smith County

Preview:In re Han Nara Enterprises, L.P.--Appeal from of County
Opinion filed July 31, 2008 Opinion filed July 31, 2008 In The Eleventh Court of Appeals __________ No. 11-08-00147-CV __________ IN RE HAN NARA ENTERPRISES, L.P. Original Mandamus Proceeding MEMORANDUMOPINION The trial court stayed the underlying lawsuit and ordered that the dispute proceed to arbitration. The facts are well known to the parties, and we need not recount them here. The trial court stayed the proceedings pending arbitration; it did not dismiss them. The trial court enforced arbitration; it did not decline to enforce arbitration. Generally, under those circumstances, mandamus is not available unless a Aparty can meet a >particularly heavy= mandamus burden to show >clearly and indisputably that the district court did not have the discretion to stay the proceedings pending arbitration.=@ In re Palacios, 221 S.W.3d 564, 565 (Tex. 2006) (citing Apache Bohai Corp., LDC v. Texaco China, B.V., 330 F.3d 307, 310-11 (5th Cir. 2003)). On the record before us, we determine that relator has not met that heavy burden and that mandamus is not available. The petition for writ of mandamus is denied. July 31, 2008 PER CURIAM Panel consists of: Wright, C.J., McCall, J., and Strange, J.

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