Opinion
NO. 01-12-00962-CV
10-25-2012
IN RE XI LAN WU, INDIVIDUALLY, AND HUA WEI, INC. D.B.A SZECHUAN LEAGUE CITY CHINESE RESTAURANT, Relators
Original Proceeding on Petition for Writ of Mandamus
CORRECTED MEMORANDUM OPINION
Defendants/Relators Xi Lan Wu, individually, and Hua Wei, Inc. d/b/a Szechuan League City Chinese Restaurant filed this original proceeding and a motion for emergency relief and to stay all trial court proceedings. Relators seek relief from (1) the trial court's order adjudicating claims brought against Relators by Plaintiff/Real-Party-in-Interest Yuen's Szechuan Garden, Inc., and (2) the trial court's order severing that judgment from the remaining claims pending between Relators and Cross-Defendant Szechuan Garden #2, Inc.
The underlying case is Yuen's Szechuan Garden, Inc. a/k/a Szechuan Garden Chinese Restaurant v. Xi Lan Wu, No. 11-CV-1307, in the 212th Judicial District of Galveston County, Texas, the Hon. Susan Criss, presiding.
Mandamus relief is available only when the trial court abused its discretion and there is no adequate remedy at law, such as by appeal. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). "Because the trial court entered a final judgment . . . , relator[s] ha[ve] an adequate remedy at law." In re Sec. Nat'l Ins., No. 14-11-00013-CV, 2011 WL 332712, at *1 (Tex. App.— Houston [14th Dist.] Feb. 3, 2011, orig. proceeding). "A writ of mandamus is not a substitute for an appeal." Id. (citing Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding); In re Bernson, 254 S.W.3d 594, 595 (Tex. App.— Amarillo 2008, orig. proceeding)).
We deny the petition for writ of mandamus.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Huddle.