Summary
denying the relator's petition because relator "comes before us with unclean hands"
Summary of this case from In re MelcherOpinion
No. 05-06-00638-CV
Opinion issued July 31, 2006.
Original Proceeding from 199th Judicial District Court, Collin County, Texas, Trial Court Cause No. 199-00032-06.
Writ of Mandamus Denied.
Before Justices WHITTINGTON, FITZGERALD, and LANG-MIERS.
MEMORANDUM OPINION ON MOTION FOR REHEARING
We deny relator's motion for rehearing. On our own motion, we withdraw our May 12, 2006 memorandum opinion and vacate our order of that date. This is now the opinion of the Court.
In this mandamus proceeding, relator contends the trial judge clearly abused his discretion in granting a writ of attachment. The facts and issues are well known to the parties, and we need not recount them in detail here.
Although mandamus is not an equitable remedy, its issuance is largely controlled by equitable principles. Rivercenter Assocs. v. Rivera, 858 S.W.2d 366, 367 (Tex. 1993). A party with "unclean hands" is not entitled to equitable relief. See Adams v. First Nat'l Bank of Bells/Savoy, 154 S.W.3d 859, 876 (Tex.App.-Dallas 2005, no writ). Relator has refused to testify under oath in the trial court with respect to the facts relating to the underlying lawsuit and writ of attachment. But she has included such facts and resulting conclusions that are helpful to her position in affidavits in support of a motion to dissolve the writ of attachment filed in the trial court and the verification in support of this petition for writ of mandamus. Relator comes before us with unclean hands.
Relator's request for extraordinary relief is denied. See Tex.R.App.P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-44 (Tex. 1992) (orig. proceeding). Accordingly, we DENY relator's petition for writ of mandamus.