Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 22, 2009.

In The

Fourteenth Court of Appeals

In Re GEOmet, Inc., Relator

ORIGINAL PROCEEDING

MEMORANDUM  OPINION

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.