Opinion
No. 04-15-00768-CV
01-13-2016
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Jason Pulliam, Justice PETITION FOR WRIT OF MANDAMUS DENIED
This proceeding arises out of Cause No. 2015-CI-01910, styled ASPRI Investments, LLC v. Shubha, LLC; Hari Prasad Kalakonda; and Latha Kalakonda, pending in the 37th Judicial District Court, Bexar County, Texas, the Honorable Karen H. Pozza presiding. --------
On December 7, 2015, relators Hari Prasad Kalakonda and Latha Kalakonda filed a petition for writ of mandamus complaining of the trial court's order denying their motion to dissolve a temporary injunction. The court has considered relator's petition for writ of mandamus and is of the opinion that relator is not entitled to the relief sought because the Kalakondas had an available remedy to challenge the order by interlocutory appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4) (West 2015) (authorizing interlocutory appeal from an order overruling a motion to dissolve a temporary injunction); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (mandamus will issue only to correct a clear abuse of discretion when there is no adequate remedy at law). In addition, it appears the issue may have become moot as the temporary injunction at issue may have dissolved by its own terms. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM