Texas Supreme Court

In Re Gulf Exploration, LLC, Relators

April 17, 200952 Tex. Sup. Ct. J. 612

Summary

The Texas Supreme Court held that mandamus relief is unavailable to challenge an order compelling arbitration when the trial court merely stays the case, because such orders are not final and appeal is an adequate remedy. It clarified that the "Apache Bohai" exception applies only when the trial court should have dismissed the case rather than stayed it. Accordingly, the Court conditionally granted the writ, vacated the Court of Appeals judgment, and ordered the trial court to reinstate its stay and order compelling arbitration.