IN RE: JEFF FISHER (2016)

MEMORANDUM OPINION

Relators have filed a petition for a writ of mandamus, challenging an order granting a temporary injunction.¹ To obtain mandamus relief, relators must show that the trial court clearly abused its discretion and they have no adequate remedy by appeal. In re Team Rocket, L.P., 256 S.W.3d 257, 259 (Tex. 2008) (orig. proceeding) (citing In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–40 (Tex. 2004) (orig. proceeding)). Section 51.014(a)(4) of the Civil Practices and Remedies Code provides for an interlocutory appeal from an order granting a temporary injunction. TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4) (West Supp. 2016). An interlocutory appeal provides an adequate remedy. See In re Henry, 274 S.W.3d 185, 189 n.2 (Tex. App.–Houston [1st Dist.] 2008, orig. proceeding [mand. denied] ). Because they may appeal the temporary injunction as provided for by section 51.014(a)(4), relators have an adequate remedy by appeal and have not established entitlement to mandamus relief. See In re Willard Capital Corp., No. 14-16-00613-CV, 2016 WL 4205806, at *1 (Tex. App.—Houston [14th Dist.] Aug. 9, 2016, orig. proceeding) (mem. op.)

Accordingly, we deny the petition.

FOOTNOTES

1.   The underlying case is Heather Carlile, Individually and Derivatively on Behalf of Blavesco Limited v. Jeff Fisher and Independence Construction Finance Co., Cause No. 2016-39514, in the 11th District Court of Harris County, Texas, the Honorable Michael K. Miller presiding.

PER CURIAM