Opinion
No. 09-08-105 CV
Opinion Delivered March 27, 2008.
Original Proceeding.
Before MCKEITHEN, C.J., GAULTNEY and HORTON, JJ.
MEMORANDUM OPINION
Samuel C. Thompson and Sarah E. Thompson filed a petition for writ of mandamus to compel the trial court to dismiss a suit for lack of subject matter jurisdiction. Relators allege the suit filed by Tommy Cary and Joyzelle B. Cary involves title to real estate because they allege the Thompsons breached a contract to convey real estate. The pleadings filed by the Carys in the trial court seek monetary damages for breach of contract and deceptive trade practices. In their response to the petition for writ of mandamus, the Carys argue the Thompsons filed a groundless petition and ask this Court to impose sanctions. We deny all relief requested by the parties.
"Mandamus relief is available only if the court clearly abused its discretion and the party has no adequate remedy by appeal." In re Sw. Bell Tel. Co., 35 S.W.3d 602, 605 (Tex. 2000). After reviewing the mandamus record and petition, we conclude that the relators have not demonstrated their entitlement to mandamus relief. Accordingly, the petition for writ of mandamus is denied.
The real parties in interest argue sanctions should be imposed because the Thompsons filed their petition on the day the underlying case was set for trial, failed to cite sufficiently applicable authority to support their argument that the suit for damages is a suit for recovery of land or enforcement of a lien on land, and failed to include the pleadings in their appendix. See Tex. R. App. P. 52.11. After reviewing the petition and the mandamus record filed by the real parties in interest, we decline to impose sanctions.