in Re: Double Ace, Inc., Alyssa Womack, Matthew Pope and Donna Pope, Relators ( 2003 )

NO. 07-03-0517-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
DECEMBER 11, 2003
______________________________
IN RE DOUBLE ACE, INC., ALYSSA WOMACK,
MATTHEW POPE, AND DONNA POPE, RELATORS
_________________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINION
Following the rendition of an amended order granting a temporary injunction by the
District Judge of Hockley County on November 25, 2003, in Cause Number 02-12-19019,
styled Double Ace, Inc., Matthew Pope, and Alyssa Pope v. Bennie Dale Pope and
Michael Deardorff v. Donna Pope. Relators Double Ace, Inc., Alyssa Womack, and
Matthew Pope, represented by counsel, and Donna Pope, proceeding pro se, seek a writ
of mandamus to compel the trial court to vacate its order of November 25, 2003. Based
upon the rationale expressed herein, we must dismiss the petition for writ of mandamus.
A temporary injunction is an interlocutory order appealable pursuant to section
51.014(4) of the Texas Civil Practice and Remedies Code. Mandamus is an extraordinary
remedy available only in limited circumstances involving manifest and urgent necessity
and not for grievances that may be addressed by other remedies. Walker v. Packer, 827
S.W.2d 833, 840 (Tex. 1992). A relator is eligible for mandamus relief only when he can
establish two prerequisites: (1) he has no other adequate remedy at law, and (2) under
the relevant law and facts, the act he seeks to compel is ministerial. Stotts v. Wisser, 894
S.W.2d 366, 367 (Tex.Cr.App. 1995). Because the order granting the temporary
injunction is reviewable by accelerated appeal, relators are not entitled to mandamus
relief. See Reynolds, Shannon, Miller v. Flanary, 872 S.W.2d 248 (Tex.App.--Dallas
1993, no writ).
An accelerated notice of appeal must be filed within 20 days after the judgment or
order is signed. Tex. R. App. P. 26.1(b). Additionally, Rule 26.3 provides a 15-day
extension in which to do so.
Accordingly, the petition for writ of mandamus is dismissed without prejudice to the
filing of a timely accelerated notice of appeal per the Texas Rules of Appellate Procedure.
Per Curiam
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