in Re Rosa Wilson and Kennedy Wilson ( 2007 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

______________________ NO. 09-07-595 CV ______________________ IN RE ROSA WILSON AND KENNEDY WILSON

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Original Proceeding

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  MEMORANDUM OPINION

Rosa Wilson and Kennedy Wilson filed a petition for writ of mandamus on November 29, 2007. Relators allege the trial court dismissed their case because counsel was not present in the courtroom when the case was called for trial on July 30, 2007. Relators complain that the trial court refused to reinstate their case. Relators request that this Court order the trial court to reinstate the case and set it for trial. They do not suggest that the order of which they complain is interlocutory.

Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex.1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex.1992). The relators have not demonstrated their entitlement to mandamus relief, nor have they shown that they have no adequate remedy by appeal. See TransAmerican Natural Gas Corp. v. Powell, 811 S.W.2d 913, 919-20 (Tex. 1991) (The eventual remedy by appeal is inadequate when the trial court's erroneous order has the effect of adjudicating a dispute without resulting in rendition of an appealable judgment.). Under the circumstances presented, the detriments of mandamus review would outweigh the benefits. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 136 (Tex. 2004). Accordingly, the petition for writ of mandamus is denied.

PETITION DENIED.

PER CURIAM

Opinion Delivered December 20, 2007

Before McKeithen, C.J., Gaultney and Horton, JJ.