Automated Summary
Key Facts
Parker Properties, LLC filed a petition for writ of mandamus challenging a temporary restraining order granted in favor of Brixt Investments, LLC, Ground Zero Training Facility, LLC, and Ronald Torres. The trial court granted the temporary restraining order, and Parker Properties sought review through mandamus. The court determined the proceeding was rendered moot because the temporary restraining order had expired and the trial court's hearing on the temporary injunction had either commenced or was imminent. Accordingly, the court lifted the previously imposed stay and dismissed the original proceeding as moot.
Issues
The relator asserts that the trial court abused its discretion in granting a temporary restraining order. The court determines that the original proceeding has been rendered moot because the temporary restraining order at issue has expired and the trial court's hearing on the temporary injunction has either commenced or is imminent. Accordingly, the court lifts the previously imposed stay and dismisses this original proceeding as moot.
Holdings
The court dismissed the original proceeding for writ of mandamus as moot because the temporary restraining order at issue had expired and the trial court's hearing on the temporary injunction had either commenced or was imminent.
Remedies
The court lifted the previously imposed stay and dismissed this original proceeding as moot because the temporary restraining order had expired and the trial court's hearing on the temporary injunction had either commenced or was imminent.
Legal Principles
- The document discusses writ of mandamus as an extraordinary and discretionary remedy for reviewing trial court decisions, specifically temporary restraining orders which are not subject to appeal and may be reviewed by mandamus.
- The relator must show that the trial court abused its discretion and that the relator lacks an adequate remedy on appeal to succeed in a mandamus petition.
- The court determined the proceeding was rendered moot because the temporary restraining order expired and the trial court's hearing on the temporary injunction had either commenced or was imminent, resulting in dismissal of the original proceeding.
Precedent Name
- In re County of Hidalgo
- In re Abbott
- In re Prudential Ins. Co. of Am.
- In re Garza
- In re Allstate Indem. Co.
- In re L.A.-K.
- Walker v. Packer
- In re USAA Gen. Indem. Co.
- In re Off. of Att'y Gen.
- In re Sierra Club
Cited Statute
Texas Rules of Appellate Procedure
Judge Name
- Justice West
- L. ARON PEÑA JR., Justice who delivered the memorandum opinion
- Justice Silva
Passage Text
- Ordinarily, the relator must show that: (1) the trial court abused its discretion; and (2) the relator lacks an adequate remedy on appeal. In re USAA Gen. Indem. Co., 624 S.W.3d 782, 787 (Tex. 2021) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d at 135–36; Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding).
- By petition for writ of mandamus, relator Parker Properties, LLC asserts that the trial court abused its discretion in various respects by granting a temporary restraining order in favor of the real parties in interest, Brixt Investments, LLC, Ground Zero Training Facility, LLC, and Ronald Torres.
- Specifically, the temporary restraining order at issue has expired, and the trial court's hearing on the temporary injunction has either commenced or is imminent. Accordingly, we lift the stay previously imposed in this case, and we dismiss this original proceeding as moot.