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In re Coffey

Court of Appeals of Texas, Fourteenth District, Houston

April 5, 2018, Memorandum Opinion Filed

NO. 14-18-00124-CV

Opinion

MEMORANDUM OPINION

On February 13, 2018, relators William Earle Coffey, Jr., Landon B. Marino, Travis Lyn Knapp, and Shawn Lewis Walker filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Ursula Hall, presiding judge of the 165th District Court of Harris County, to rule on relators' motion to confirm an arbitration award.

Because Respondent, under the circumstances of this case, has not ruled the motion within a reasonable time, we conditionally grant the petition for writ of mandamus.

Factual and Procedural Background

On or about September 11, 2014, relators commenced an arbitration action against UBS Financial Services, Inc. ("UBS") pursuant the FINRA Code of Arbitration Procedure. Relators sought relief in the form of an award from an arbitration panel ordering the expungement of customer complaints against relators from the public record.

On May 30, 2017, the arbitration panel held final hearings. On July 18, 2017, the panel [*2]  issued a final award, which recommended that the customer complaints against relators be expunged from their records.

Relators filed a motion to confirm the arbitration award and enter judgment on September 21, 2017. UBS filed a response to the motion stating it did not oppose confirmation of the award.

On November 20, 2017, the motion was submitted to Respondent by written submission. Relators have made several requests for a ruling and even requested a hearing on the motion, but were told by the clerk that no oral hearing would be permitted.

Mandamus Standard

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2018 Tex. App. LEXIS 2424 *; 2018 WL 1627592

IN RE WILLIAM EARLE COFFEY, JR., ET AL, Relators

Prior History:  [*1] ORIGINAL PROCEEDING WRIT OF MANDAMUS. 165th District Court, Harris County, Texas. Trial Court Cause No. 2017-62696.

CORE TERMS

trial court, reasonable time, mandamus, confirm, customer's complaint, arbitration award, arbitration panel, circumstances, expunged, writ of mandamus, properly filed, writ petition, conditionally, Arbitration, ministerial, unopposed, requests, records