Opinion
No. 04-12-00786-CV
12-05-2012
IN RE Melissa SUTTON
MEMORANDUM OPINION
Original Mandamus Proceedings
This proceeding arises out of Cause No. 11-05-00128, styled Patricia Angell v. Melissa Sutton, pending in the 218th Judicial District Court, Karnes County, Texas, the Honorable Stella Saxon presiding.
PER CURIAM Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
PETITION FOR WRIT OF MANDAMUS DENIED
On November 21, 2012, relator Melissa Sutton filed a petition for writ of mandamus, complaining of the trial court's November 8, 2012 order appointing a receiver. However, mandamus relief is only available to correct a clear abuse of discretion for which the relator has no adequate remedy at law. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Texas Civil Practice and Remedies Code section 51.014(a)(1) permits an interlocutory appeal from an order that appoints a receiver. See TEX. CIV. PRAC. & REM. CODE § 51.014(a)(1); TEX. R. APP. P. 26.1 (in an accelerated appeal, the notice of appeal must be filed within 20 days after the judgment or order is signed). Therefore, we conclude relator has failed to establish she lacks an adequate remedy by appeal. Accordingly, the petition for writ of mandamus is DENIED. TEX. R. APP. P. 52.8(a).
PER CURIAM