Opinion
No. 08-17-00149-CV
08-16-2017
In Re: Dolores Narvaez, Luis Narvaez, Eduardo Valarde, Jose Juan Velarde, Julieta Duran, Luz Magdalena Escobar, and Jose Antonio Velarde Juarez, Relators.
AN ORIGINAL PROCEEDING IN MANDAMUS ORDER
Pending before the Court is a motion to dismiss filed by the real parties in interest, Darron Powell and Darron Powell, PLLC. The real parties in interest assert that this original proceeding should be dismissed because Relators have an adequate remedy by appeal in cause number 08-17-00157-CV. In any mandamus proceeding, the existence of an adequate remedy by appeal is a basis for an appellate court to deny mandamus relief, but it does not deprive the court of jurisdiction or otherwise authorize dismissal of the original proceeding. Accordingly, the motion to dismiss is DENIED. The denial of the motion to dismiss should not be construed as a ruling on the merits of the original proceeding.
On its own motion, the Court has determined that the direct appeal in cause number 08-17-00157-CV and this original proceeding will be heard together and disposed of simultaneously. See In re Valero Energy Corp., 968 S.W.2d 916, 916-17 (Tex. 1998) (per curiam) (when a party challenges a judgment or order by direct appeal and mandamus review in parallel proceedings, the cases should be consolidated and disposed of simultaneously to conserve judicial resources). The Court will establish a briefing schedule after the reporter's record is filed in cause number 08-17-00157-CV.
IT IS SO ORDERED this 16th day of August, 2017.
PER CURIAM Before McClure, C.J., Rodriguez and Palafox, JJ.