Opinion
NO. 09-12-00032-CV
01-19-2012
IN RE SUN DEVELOPMENT, L.P. AND SUN DEVELOPMENT HOLDINGS, L.L.P.
Original Proceeding
MEMORANDUM OPINION
Relators Sun Development, L.P. and Sun Development Holdings, L.L.P. seek a writ of mandamus to compel the trial court to grant their motions for leave to designate responsible third parties. See Tex. Civ. Prac. & Rem. Code Ann. § 33.004 (West Supp. 2011). The trial court denied Relators' motions on December 20, 2011, and January 17, 2012. The relators also seek a stay of the trial set for January 23, 2012. See Tex. R. App. P. 52.10.
Mandamus is an extraordinary remedy available only when the trial court clearly abuses its discretion and there is no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004). Whether an appellate remedy is adequate depends on the circumstances presented, including the complexity of the case and whether the trial court's error may be corrected through the appellate process. See In re Unitec Elevator Servs. Co., 178 S.W.3d 53, 63-66 (Tex. App.—Houston [1st Dist.] 2005, orig. proceeding). In this case, relators have not demonstrated that appeal would not be an adequate remedy. Accordingly, the motion for temporary relief and petition for writ of mandamus are denied. See Tex. R. App. P. 52.8.
PETITION DENIED.
PER CURIAM Before McKeithen, C.J., Gaultney and Kreger, JJ.