Adequate Relief – Pet. Denied

  • In re Oxbow Calcining LLC
    • 09-18-00273-CV, 2018 WL 3763441
    • 172nd District
    • Per Curiam, Aug. 9, 2018
  • PASE filed a petition and application for post-judgment turnover proceeding; Oxbow filed a motion to transfer venue to Harris County and compel the dispute to arbitration, as well as a motion to quash the hearing. Oxbow argued that the motion to transfer and motion to compel should be decided first. The trial court denied the motion to quash.
  • Oxbow contends it lacks an adequate remedy by appeal because the order effectively deprives Oxbow of its contractual right to arbitration and severely compromises its ability to present its defense at the hearing on PASE’s application for a turnover order.
  • The Ninth Court held that Oxbow had an adequate remedy by appeal because any order from a hearing on an application for turnover is appealable.