In re Lombana
In re Lombana
Opinion of the Court
In the Harris County district court, relator Claudio Lombana brought suit against real parties-in-interest CB&I LLC and Chicago Bridge & Iron Company (collectively CB&I) for breach of Lombana's employment contract and other related claims (the Texas action). When CB&I answered, it moved for a stay of the Texas action pending an alleged appeal of a judgment by a Colombian Labor Court in an action by Lombana against a Colombian subsidiary of CB&I (the Colombian action). On July 18, 2017, the trial court signed an order staying the Texas action.
Lombana filed a petition for writ of mandamus asking this court to compel the trial court to vacate its stay order. See
*701We conclude that the trial court abused its discretion by staying the Texas action because the first-filed Colombian action had been adjudicated. We therefore conditionally grant the petition for writ of mandamus.
FACTUAL AND PROCEDURAL BACKGROUND
CB&I hired Lombana as a salaried employee in its Houston office. Lombana was later transferred to Colombia to work for CB&I Colombiana S.A. (Colombiana), a Colombian subsidiary of CB&I.
On September 1, 2015, Lombana filed the Colombian action against Colombiana for breach of Lombana's oral and written employment agreements and other related claims.
On October 15, 2016, Lombana filed the Texas action against CB&I for breach of Lombana's employment contract and other related claims.
On December 6, 2016, the Colombian Labor Court in Cartagena issued a written judgment in the Colombian action that made certain declarations and ordered Colombiana to pay Lombana approximately $14,661.
On April 7, 2017, CB&I filed an answer in the Texas action and a motion to stay the Texas action pending a final decision in the Colombian action. CB&I stated that the Colombian judgment was currently on appeal. CB&I argued that the later-filed Texas action should be stayed based on the principle of comity. On July 18, 2017, the trial signed an order that stayed the Texas action for 90 days or until the final resolution of the parallel Colombian labor proceeding, whichever occurs first.
On October 27, 2017, the trial court held a status conference and signed an order extending the stay for 30 days.
MANDAMUS STANDARD
To obtain mandamus relief, a relator generally must show both that the trial court clearly abused its discretion and that relator has no adequate remedy by appeal. In re Prudential Ins. Co. ,
Relator has no adequate remedy by appeal because a stay order is not a final judgment that may be appealed. An adequate remedy by appeal does not exist *702when the plaintiff is effectively denied any other method of challenging the court's action for an indefinite period of time during which the case remains in a suspended state. In re Immobiliere Jeuness Establissement ,
ANALYSIS
CB&I moved to stay the later-filed Texas action pending the completion of the alleged appeal in the Colombian action based on the principle of comity. Under the principle of comity, when an action is first filed in another state, the general rule is that Texas courts stay the later-filed action involving the same matter pending "adjudication" of the first action. See In re BP Oil Supply Co. ,
Our court, however, need not decide whether the Texas action and the Colombian action concern the same subject matter and issues and seek the same relief because a stay based on the principle of comity is not appropriate when, as here, the first-filed action already has been "adjudicated."
CONCLUSION
We conclude that the trial court clearly abused its discretion by staying the Texas action because the Colombian action already had been adjudicated. We therefore conditionally grant the petition for writ of mandamus and direct the trial court to vacate its order staying the Texas action.
We are confident the trial court will act in accordance with this opinion. The writ of mandamus shall issue only if the trial court fails to do so.
Appellate courts may take judicial notice of facts outside the record to determine their jurisdiction. See Freedom Commc'ns, Inc. v. Coronado ,
"Adjudge" means "adjudicate" or to "award judicially." Redwine v. Peckinpaugh ,
Our record does not contain any evidence that the Colombian action has been appealed and the appeal is still pending. However, we assume so for the sake of argument.
CB&I argues that a stay is appropriate while the alleged appeal is pending in the Colombian action, citing In re State Farm Mut. Auto. Ins. Co. ,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.