In Re Santander Consumer USA, Inc.
445 S.W.3d 216
| Tex. App. | 2013Background
- Santander's motion to compel arbitration under the FAA was denied by the trial court.
- Santander sought mandamus review after failing to timely appeal the denial.
- The arbitration clause in Bonner's contract specifies FAA arbitration and governs the dispute; Bonner's suit contends Santander failed to prove proper assignment/ownership of the contract.
- Section 51.016 of the Civil Practice and Remedies Code provides an accelerated interlocutory appeal from denials of arbitration under the FAA for post-September 1, 2009 suits.
- Santander filed mandamus after the 20-day interlocutory-appeal window had expired and did not pursue a timely appeal.
- The Court declines to issue mandamus, concluding Santander failed to show an inadequate remedy by appeal given Section 51.016, and thus the writ is inappropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus is available despite Section 51.016 relief | Santander: mandamus is proper due to FAA denial. | Bonner: timely interlocutory appeal under §51.016 is the adequate remedy. | No mandamus; §51.016 provides an adequate remedy and Santander failed to pursue it. |
Key Cases Cited
- CMH Homes v. Perez, 340 S.W.3d 444 (Tex.2011) (interlocutory FAA review in Texas; explains §51.016 scope)
- In re Prudential, Co. of Am., 148 S.W.3d 124 (Tex.2004) (mandamus await; adequacy of appellate remedies)
- Walker v. Packer, 827 S.W.2d 838 (Tex.1992) (mandamus standard; adequate remedy rules)
- In re Texas Dept. of Family & Protective Servs., 210 S.W.3d 609 (Tex.2006) (judicial restraint; adequacy of appellate remedy balancing)
- Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266 (Tex.1992) (earlier mandamus when FAA denial under pre-51.016 regime)
- In re Reece, 341 S.W.3d 360 (Tex.2011) (mandamus gap-filler discussion; relevance to pre/post §51.016)
