in Re: Whataburger Restaurants LLC

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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In re: No. 08-19-00180-CV §

WHATABURGER RESTAURANTS, AN ORIGINAL PROCEEDING L.L.C., §

IN MANDAMUS Relator. §

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OPINION

Relator Whataburger Restaurants, L.L.C. seeks a writ of mandamus compelling the Honorable Ruben Morales, judge of the County Court at Law No. 7 of El Paso County, to grant a motion to reconsider his previous decision denying Whataburger’s motion to compel arbitration against real party in interest Yvonne Cardwell. The petition for the writ of mandamus is denied.

To be entitled to mandamus relief, a relator generally must meet two requirements. First, the relator must show that the trial court clearly abused its discretion. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004)(orig. proceeding). Second, the relator must demonstrate that there is no adequate remedy by appeal. 1 Id. at 135-36. The burden is on the relator to show he is entitled to mandamus relief. See In re Ford Motor Company, 165 S.W.3d 315, 317 (Tex. 2005)(orig. proceeding). After reviewing the mandamus petition and record, we conclude that Relator has failed to show that he is entitled to mandamus relief. Accordingly, we deny the motion for temporary relief and the petition for writ of mandamus.

January 6, 2021

YVONNE T. RODRIGUEZ, Chief Justice Before Rodriguez, C.J., Palafox, and Alley, JJ.

Alley, J., Dissenting an interlocutory [order] has been rendered will have his right of appeal when . . . the same is merged in a final judgment disposing of the whole case.’”)(citing Teer v. Duddlesten, 664 S.W.2d 702, 704 (Tex. 1984)).