in Re: Chris Carter and Karen Ann Pieroni ( 2019 )

Denied and Opinion Filed June 14, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00691-CV
IN RE CHRIS CARTER AND KAREN ANN PIERONI, Relators
Original Proceeding from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-07054
MEMORANDUM OPINION
Before Justices Whitehill, Pedersen, III, and Carlyle
Opinion by Justice Carlyle
Relators first seek a writ of mandamus addressing the trial court’s denial of their temporary
injunction. To be entitled to mandamus relief, a party must have no clear and adequate remedy by
appeal, among other things. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992). Here, there is a
specific remedy by interlocutory appeal when a trial court “grants or refuses a temporary
injunction.” TEX. CIV. PRAC. & REM. CODE § 51.014(a)(4). We must deny mandamus relief. See
Walker, 827 S.W.2d at 840; TEX. R. APP. P. 52.8(a).
Relators also seek a writ of injunction. We courts of appeals have limited injunctive
powers, and “may issue a writ of mandamus and all other writs necessary to enforce the jurisdiction
of the court.” TEX. GOV’T CODE § 22.221(a). We have no original jurisdiction to grant writs of
injunction, except to protect our jurisdiction over the subject matter of a pending appeal or to
prevent an unlawful interference with the enforcement of our judgments and decrees. See Ott v.
Bell, 606 S.W.2d 955, 957 (Tex. Civ. App.—Waco 1980, no writ). An injunction will not lie in
the courts of appeals merely to preserve the status quo pending appeal or to prevent damage to an
appellant. EMW Mfg. Co. v. Lemons, 724 S.W.2d 425, 426 (Tex. App.—Fort Worth 1987, orig.
proceeding); accord In re Dahlheimer, No. 05-17-00556-CV, 2017 WL 2472842, at *1 (Tex.
App.—Dallas June 8, 2017, orig. proceeding) (mem. op.); In re Smith, No. 10-03-390-CV, 2004
WL 254079, at *1 (Tex. App.—Waco Feb. 11, 2004, no pet.) (mem. op.) (quoting Parsons v.
Galveston County Employees Credit Union, 576 S.W.2d 99, 99-100 (Tex. Civ. App.—Houston
[1st Dist.] 1978, no writ)).
There is no appeal currently filed from the trial court’s denial of the temporary injunction,
though there could be. See TEX. CIV. PRAC. & REM. CODE § 51.014(a)(4). Thus, we are in the status
of “pending” appeal. Until a party has properly invoked our jurisdiction by notice of appeal such
that we have jurisdiction to enforce, we may not grant this writ of injunction. See EMW Mfg. Co.,
724 S.W.2d at 426; see also In re Williams, No. 02-13-00087-CV, 2013 WL 1437253, at *3 (Tex.
App.—Fort Worth Apr. 8, 2013, orig. proceeding) (mem. op.). We deny the writ of injunction at
this time.
/Cory L. Carlyle/
CORY L. CARLYLE
JUSTICE
190691F.P05
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