MEMORANDUM OPINION No. 04-11-00325-CV IN RE Brian GLENN Original Proceeding 1 PER CURIAM Sitting: Karen Angelini, Justice Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Delivered and Filed: May 18, 2011 PETITION FOR WRIT OF MANDAMUS DENIED On May 9, 2011, relator filed a petition for writ of mandamus and a motion for emergency stay. Relator complains the trial court erred in granting a motion to compel arbitration. However, mandamus will issue only to correct a clear abuse of discretion for which the relator has no adequate remedy at law. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). We disagree with relator’s contention that under In re Gulf Exploration, LLC, mandamus review in this case is appropriate. 289 S.W.3d 836, 843 (Tex. 2009).

Mandamus review of an order compelling arbitration is generally unavailable because a relator

This proceeding arises out of Cause No. 2010-CI-13903, styled Brian J. Glenn v. Valero Energy Corp., et al., pending in the 288th Judicial District Court, Bexar County, Texas, the Honorable Solomon Casseb, III presiding.

However, the order complained of was signed by the Honorable Peter Sakai, presiding judge of 225th Judicial District Court, Bexar County, Texas.

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can rarely establish it lacks an adequate remedy by appeal. Id. We conclude relator failed to establish he lacks an adequate remedy by appeal. Accordingly, the petition for writ of mandamus and the motion for emergency stay are DENIED. See TEX. R. APP. P. 52.8(a).

PER CURIAM

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