Opinion
No. 14-04-00931-CV
Memorandum Opinion filed October 14, 2004.
Original Proceeding, Writ of Mandamus.
Petition for Writ of Mandamus Denied.
Panel consists of Justices ANDERSON, HUDSON, and FROST.
MEMORANDUM OPINION
On September 24, 2004, relators filed a petition for writ of mandamus in this Court. See TEX. GOV'T. CODE ANN. § 22.221 (Vernon 2004); see also TEX. R. APP. P. 52. On October 1, 2004, relators filed a clerk's record and an emergency motion for temporary relief.
Relators have not established that they are entitled to mandamus relief. To be entitled to mandamus relief, relators must show that the trial court clearly abused its discretion or violated a duty imposed by law. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992). Relators must also show there is no adequate remedy by appeal. Id. at 842. Generally, a reviewing court may not issue a writ of mandamus to supervise or correct incidental rulings of the trial court, such as a ruling on a plea in abatement, because the relator has an adequate remedy by appeal. In re Luby's Cafeterias, Inc., 979 S.W.2d 813, (Tex.App.-Houston [14th Dist.] 1998, orig. proceeding). Although there are exceptions to this general rule, relators have not shown that the exceptions to the general rule are applicable in this case.
Accordingly, we deny relator's petition for writ of mandamus.