In Re Santander Consumer USA, Inc.

I respectfully concur in the denial of the petition for writ of mandamus filed by relator Santander Consumer USA, Inc. I would deny the petition on the ground that Texas Civil Practice and Remedies Code section 51.016, allowing an interlocutory appeal of an order denying a motion to compel arbitration under the Federal Arbitration Act (“FAA”), provides Santander a plain, adequate, and complete remedy for the trial court’s allegedly wrongful denial of its motion to compel; Santander failed to timely avail itself of its remedy and therefore waived it. The majority holds— correctly, in my…