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In re Mitchell

Court of Appeals of Texas, Fifth District, Dallas
Aug 1, 2011
No. 05-11-00974-CV (Tex. App. Aug. 1, 2011)

Opinion

No. 05-11-00974-CV

Opinion Filed August 1, 2011.

Original Proceeding from the 417th Judicial District Court Collin County, Texas, Trial Court Cause No. 417-02940-2010.

Before Chief Justice WRIGHT and Justices MOSELEY and FILLMORE.


MEMORANDUM OPINION


Relators filed this original proceeding seeking to enjoin the constable from selling certain real property while their appeal is pending from the trial court's granting of partial summary judgment in the form of a judicial foreclosure to real party in interest. Relators are entitled to supersede the judgment by filing an appropriate bond with the trial court clerk. Tex. R. App. P. 24.1. Therefore, they are not entitled to a writ of injunction to suspend the judgment of the trial court or the constable's sale. Burch v. Johnson, 445 S.W.2d 631, 632 (Tex. Civ. App.-El Paso 1969, no writ) ("Both injunction and prohibition do not lie where there is an adequate remedy through the ordinary channels of procedure."). Accordingly, we deny relators' petition for injunction and emergency motion for temporary relief.


Summaries of

In re Mitchell

Court of Appeals of Texas, Fifth District, Dallas
Aug 1, 2011
No. 05-11-00974-CV (Tex. App. Aug. 1, 2011)
Case details for

In re Mitchell

Case Details

Full title:IN RE DAVID MITCHELL AND JENNIFER MITCHELL, Relators

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 1, 2011

Citations

No. 05-11-00974-CV (Tex. App. Aug. 1, 2011)