Opinion
No. 05-08-00145-CV
Opinion issued February 28, 2008.
Original Proceeding from the 380th Judicial District Court, Collin County, Texas, Trial Court Cause No. 380-00214-08.
Before Justices MORRIS, RICHTER, and MAZZANT.
MEMORANDUM OPINION
On February 4, 2008, relators filed a petition for writ of mandamus and a motion for emergency relief. In their petition, relators assert the trial court abused its discretion in granting a January 29, 2008 temporary restraining order that is overbroad and includes a mandatory injunction requiring relators to create documents and complete an accounting three days prior to the temporary injunction hearing. In the motion for emergency relief, relators stated the accounting was due for completion three days prior to the temporary injunction hearing set for February 8, 2008. On February 4, 2008, we granted relators' motion for emergency relief to the extent we stayed the portion of the January 29, 2008 "Temporary Restraining Order, Order Freezing Assets, Order for Accounting, and other Emergency Relief" which required relators to make an interim accounting prior to the February 8, 2008 temporary injunction hearing. On February 15, 2008, relators filed a motion for emergency relief regarding operations, wherein they stated that after this Court stayed the mandatory accounting portion of the January 29, 2008 order, the plaintiffs filed a motion for expedited discovery. The trial court granted the motion and ordered the deposition and production of documents to occur by February 21, 2008. Relators also stated that the trial court did not conduct a hearing on the temporary injunction on February 8, 2008, but extended the order and reset the hearing for February 22, 2008. Counsel for relators stated that the reporter's record of the February 8, 2008 hearing would not be available until approximately February 22, 2008. On February 19, 2008, we denied the motion for emergency relief regarding operations.
On February 21, 2008, the relators filed an amended motion for emergency relief regarding operations and the real parties in interest, James H. Wright, Luanne S. Wright, Mark H. Wright, Mary Jo Wright, and Todd M. Wright filed a response to the amended motion. On February 22, 2008, we denied the amended motion for emergency relief. The reporter's record of the February 8, 2008 hearing has not been filed.
Based on the record before the Court, relators have not shown that they are entitled to the relief requested. See Tex. R. App. P. 52.8. Accordingly, we deny the petition for writ of mandamus and we vacate our February 4, 2008 stay order.