Walls Regional Hospital, Relators v. Honorable Tommy Altaras, Judge, County Court at Law No. One, Johnson County, Texas ( 1994 )

Walls Reg. Hosp. v. Altaras

IN THE

TENTH COURT OF APPEALS

No. 10-94-289-CV

     WALLS REGIONAL HOSPITAL, ET AL.,

                                                                                              Relators

     v.

     HONORABLE TOMMY ALTARAS, JUDGE,

     COUNTY COURT AT LAW NO. ONE,

     JOHNSON COUNTY, TEXAS,

                                                                                              Respondent

Original Proceeding

O P I N I O N

      Walls Regional Hospital and individuals associated with it ("Walls") seek leave to file a Petition for Writ of Mandamus against Hon. Tommy Altaras, Judge of the County Court at Law Number One of Johnson County, to require him to vacate an order signed on August 31, 1994.

      A writ of mandamus may be issued to correct a "clear abuse of discretion." Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). However, issuance of the writ is limited to those instances in which no adequate remedy by appeal exists. Id. at 840; Jampole v. Touchy, 673 S.W.2d 569, 572-73 (Tex. 1984) (orig. proceeding).

      Walls characterizes Judge Altaras' order as "granting injunctive relief." An interlocutory appeal is available to test the propriety of a temporary injunction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014; Tex. R. App. P. 42. Thus, we must deny Walls' Motion for Leave to File Petition for Writ of Mandamus.

      Because we deny the motion, we also deny the ancillary motion for immediate temporary relief.

                                                                                 PER CURIAM

Before Justice Cummings and

          Justice Vance

          (Chief Justice Thomas not participating)

Motion for leave to file denied

Opinion delivered and filed September 21, 1994

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