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Civil Litigation No. 08-03-00040-CV, 3/27/2003. Click here for the full text of this decision FACTS: This is an original proceeding in mandamus. Maria Bustamante, the relator, seeks a writ of mandamus requiring the Honorable Mary Anne Bramblett, Judge of the 41st District Court of El Paso County, to vacate her order requiring Bustamante to arbitrate her negligence claim against her employer, Camino Real Hotel – El Paso a/k/a Hotel Paso del Norte Inc. HOLDING: Denied. An appellate court rarely interferes with a trial court’s exercise of discretion. A clear abuse of discretion warranting correction by mandamus occurs when a court issues a decision which is without basis or guiding principles of law. Johnson v. Fourth Court of Appeals, 700 S.W.2d 916 (Tex. 1985)(orig. proceeding). With respect to resolution of factual issues or matters committed to the trial court’s discretion, the reviewing court may not substitute its judgment for that of the trial court. The relator must therefore establish that the trial court could reasonably have reached only one decision. Even if the reviewing court would have decided the issue differently, it cannot disturb the trial court’s decision unless it is shown to be arbitrary and unreasonable. With respect to a trial court’s determination of the legal principles controlling its ruling, the standard is much less deferential. A trial court has no “discretion” in determining what the law is or applying the law to the facts. Thus, a clear failure by the trial court to analyze or apply the law correctly will constitute an abuse of discretion, and may result in appellate reversal by extraordinary writ. An appellate court will deny mandamus relief if another remedy, usually appeal, is available and adequate. Street v. Second Court of Appeals, 715 S.W.2d 638 (Tex. 1986)(orig. proceeding). Mandamus will not issue where there is a clear and adequate remedy at law, such as a normal appeal. Mandamus is intended to be an extraordinary remedy, available only in limited circumstances. The writ will issue only in situations involving manifest and urgent necessity and not for grievances that may be addressed by other remedies. Holloway v. Fifth Court of Appeals, 767 S.W.2d 680 (Tex. 1989). Bustamante argues, among other things, that the arbitration agreement is illusory because Camino Real retained the right to unilaterally amend the agreement at any time. J.M. Davidson Inc. v. Webster, 49 S.W.3d 507 (Tex.App. – Corpus Christi 2001, pet. granted). The record does not support Bustamante’s argument. The arbitration agreement clearly requires the mutual consent of the parties to modify the arbitration agreement whereas the occupational injury plan adopted by Camino Real in 2002 provided the employer with the right to unilaterally amend the plan at any time. Bustamante has not, however, provided the court with a copy of the occupational injury plan in effect at the time of her injury. The court will not assume that the controlling occupational injury plan contains the same language. Consequently, the record does not reflect that the trial court clearly abused its discretion by ordering Relator to arbitrate her negligence claim against Camino Real. The court denies the relief requested in the petition for writ of mandamus. OPINION: McClure, J.; Barajas, C.J., Larsen, and McClure, JJ.

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