in Re Michael Kennedy ( 2018 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-17-00424-CV
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IN RE MICHAEL KENNEDY
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Original Proceeding
411th District Court of Polk County, Texas
Trial Cause No. CIV31334
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MEMORANDUM OPINION
Michael Kennedy filed a petition for a writ of mandamus to compel the trial
court to rule on Kennedy’s motions for an injunction. Kennedy supplemented his
mandamus petition with copies of documents that indicate that a final order or
judgment has been signed.
To be entitled to mandamus relief, a relator must show both that the trial court
has clearly abused its discretion and that relator has no adequate appellate remedy.
In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). Generally, there is no benefit to mandamus relief after an appealable
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judgment has been signed. See In re Energy Transfer Fuel, L.P., 298 S.W.3d 348,
351 (Tex. App.—Tyler 2009, orig. proceeding).
After reviewing Kennedy’s mandamus petition and appendices, we conclude
that he has not shown that he is entitled to mandamus relief. Accordingly, the petition
for a writ of mandamus is denied.
PETITION DENIED.
PER CURIAM
Submitted on January 10, 2018
Opinion Delivered January 11, 2018
Before McKeithen, C.J., Kreger and Horton, JJ.
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