Monday, October 26, 2009

Mandamus to Compel Arbitration Denied in the Absence of Underlying Agreement to Arbitrate

In Re GeoMet, Inc. (Tex.App.- Houston [14th Dist.] Oct. 22, 2009) MEMORANDUM OPINION OF THE FOURTEENTH COURT OF APPEALS On August 10, 2009, relator, GeoMet, Inc., filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. §22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable Mike Engelhart, presiding judge of the 151st District Court of Harris County, to set aside his May 18, 2009 order denying its motion to compel arbitration. Relator has not established that the claims of real party interest, El Paso E&P Company, L.P. f/k/a El Paso Production Company, are subject to an agreement to arbitrate. See In re Dillard Dep’t Stores, Inc., 186 S.W.3d 514, 515 (Tex. 2006) (orig. proceeding) (per curiam). Therefore, relator has not established its entitlement to the extraordinary relief of a writ of mandamus. Accordingly, we deny relator’s petition for writ of mandamus. PER CURIAM Panel consists of Chief Justice Hedges and Justices Seymore and Sullivan. CASE DETAILS AND LINKS: In Re GeoMet, Inc. (Tex.App.- Houston [14th Dist.] Oct. 22, 2009)(per curiam)(arbitration mandamus denied, no agreement to arbitrate established) Disposition on appeal: MOTION OR WRIT DENIED in Per Curiam Opinion Panel members: Chief Justice Adele Hedges, Justices Charles Seymore and Kent Sullivan Appellate cause no: 14-09-00685-CV Style: In Re Gomet, Inc. Appeal from 151st District Court of Harris County (Houston) Trial Court Judge: Mike Engelhart

No comments: