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In re Arisano

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
May 1, 2014
No. 10-14-00109-CV (Tex. App. May. 1, 2014)

Opinion

No. 10-14-00109-CV

05-01-2014

IN RE CARLA ARISANO AND BROCK BRINKMAN


Original Proceeding


MEMORANDUM OPINION

Carla Arisano and Brock Brinkman have filed a petition for a writ of mandamus to compel the judge of the trial court of the County Court at Law of Ellis County to withdraw its judgments denying a motion to transfer, motion to dismiss, and modifying a protective order. The trial court has entered orders granting the motion to modify the protective order of Arisano and denying the motion to modify the protective order of Brinkman.

Arisano and Brinkman filed a joint motion; however, the trial court entered separate judgments for Arisano and Brinkman within the same cause number.

Mandamus relief is available when the trial court abuses 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); In re Dana Corp., 138 S.W.3d 298, 301 (Tex. 2004) (orig. proceeding) (citing Walker v. Packer, 827 S.W.2d 833, 839 (Tex.1992) (orig. proceeding)). Because the trial court has entered final judgments on Arisano and Brinkman's motion, relators have an adequate remedy at law. A petition for a writ of mandamus is not a substitute for an appeal. See Walker, 827 S.W.2d at 840-41; In re Bernson, 254 S.W.3d 594, 595 (Tex. App.—Amarillo 2008, orig. proceeding).

After the entry of the judgments denying Arisano and Brinkman's motion, there are no pending issues or parties before the trial court at this time. We find that the judgments of which Arisano and Brinkman complain are final for purposes of appeal. Therefore, relief by mandamus is inappropriate because the parties have an adequate remedy by appeal. The petition for writ of mandamus is denied. TEX. R. APP. P. 52.8.

TOM GRAY

Chief Justice
Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins
Petition denied
[OT06]


Summaries of

In re Arisano

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
May 1, 2014
No. 10-14-00109-CV (Tex. App. May. 1, 2014)
Case details for

In re Arisano

Case Details

Full title:IN RE CARLA ARISANO AND BROCK BRINKMAN

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: May 1, 2014

Citations

No. 10-14-00109-CV (Tex. App. May. 1, 2014)