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Kroupa v. Casey12/8/2005
proceedings pending arbitration. Cantella & Co. v. Goodwin, 924 S.W.2d 943, 944 (Tex. 1996) (orig. proceeding). Accordingly, the trial court erred by denying Kroupa's motion to compel arbitration pursuant to the FAA.
Conclusion
We conclude that the trial court improperly denied Kroupa's motion to compel arbitration. A party who is erroneously denied the right to arbitrate under the FAA has no adequate remedy at law, and mandamus relief is appropriate. Id. at 945. Thus, we conditionally grant the writ of mandamus in cause no. 01--05--00376--CV and direct the trial court to order that Casey's claims proceed to arbitration under the FAA. We dismiss the appeal in cause no. 01--05--00224--CV for want of jurisdiction. We withdraw our April 26, 2005 order that stayed all proceedings in the trial court.
Panel consists of Justices Taft, Keyes, and Hanks.
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