Court of Civil Appeals of Texas, 2020

in Re Panya Lerdthaisong & SG Cattle Services Co. Ltd.

in Re Panya Lerdthaisong & SG Cattle Services Co. Ltd.
Court of Civil Appeals of Texas · Decided September 17, 2020

in Re Panya Lerdthaisong & SG Cattle Services Co. Ltd.

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed September 17, 2020.

In The Fourteenth Court of Appeals NO. 14-20-00621-CV

IN RE PANYA LERDTHAISONG AND SG CATTLE SERVICES CO. LTD., Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 127th District Court Harris County, Texas Trial Court Cause No. 2018-70875 MEMORANDUM OPINION On September 10, 2020, relators Panya Lerdthaisong and SG Cattle Services Co. Ltd. filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable R. K. Sandill, presiding judge of the 127th District Court of Harris County, to vacate his: (1) June 14, 2020 order denying relators’ motion to dismiss based on a forum selection clause, and (2) August 2, 2020 order denying relators’ motion to reconsider.

Relators have also filed a motion for temporary relief, asking our court to stay all proceedings in the trial court pending our decision on the petition. See Tex. R. App. Proc. 52.10.

With certain exceptions not applicable here, to obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy at law, such as an appeal. In re Garza, 544 S.W.3d 836, 840 (Tex. 2018) (orig. proceeding) (per curiam); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

Because relator has not shown that the trial court clearly abused its discretion, we deny relators’ petition for writ of mandamus and motion for temporary relief.

PER CURIAM Panel consists of Justices Christopher, Jewell, and Zimmerer.

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