in Re One Gas, Inc. D/B/A Texas Gas Service Co. ( 2015 )


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  •                                  NUMBER 13-15-00209-CV
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI - EDINBURG
    IN RE ONE GAS, INC. D/B/A TEXAS GAS SERVICE CO.
    On Petition for Writ of Mandamus.
    MEMORANDUM OPINION
    Before Chief Justice Valdez and Justices Rodriguez and Longoria
    Memorandum Opinion Per Curiam1
    Relator, One Gas, Inc. d/b/a/ Texas Gas Service Co., filed a petition for writ of
    mandamus and an emergency motion to stay in the above cause on April 29, 2015.
    Through this original proceeding, relator seeks to vacate an order granting a temporary
    injunction which requires relator to, inter alia, remove a gas pipeline from realty before
    October 15, 2015.
    1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
    required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
    To be entitled to the extraordinary relief of a writ of mandamus, the relator must
    show that the trial court committed a clear abuse of discretion for which the relator has
    no adequate remedy at law. In re Frank Motor Co., 
    361 S.W.3d 628
    , 630 (Tex. 2012)
    (orig. proceeding); In re Olshan Found. Repair Co., LLC, 
    328 S.W.3d 883
    , 887 (Tex.
    2010) (orig. proceeding); In re Prudential Ins. Co. of Am., 
    148 S.W.3d 124
    , 135–36 (Tex.
    2004) (orig. proceeding); Walker v. Packer, 
    827 S.W.2d 833
    , 839 (Tex. 1992) (orig.
    proceeding). The relator has the burden of establishing both prerequisites to mandamus
    relief. In re CSX Corp., 
    124 S.W.3d 149
    , 151 (Tex. 2003) (orig. proceeding). This burden
    is a heavy one. Id.; Canadian Helicopters Ltd. v. Wittig, 
    876 S.W.2d 304
    , 305 (Tex. 1994)
    (orig. proceeding).
    A trial court abuses its discretion if it reaches a decision so arbitrary and
    unreasonable that it amounts to a clear and prejudicial error of law or if it clearly fails to
    correctly analyze or apply the law. In re Olshan Found. Repair Co., 
    LLC, 328 S.W.3d at 888
    ; 
    Walker, 827 S.W.2d at 840
    . The second requirement for mandamus relief, that the
    relator has no adequate remedy by appeal, “has no comprehensive definition” and is
    decided on a case-by-case basis. See In re Ford Motor Co., 
    165 S.W.3d 315
    , 317 (Tex.
    2005) (orig. proceeding) (citing In re Prudential Ins. Co. of 
    Am., 148 S.W.3d at 136
    ).
    The Court, having examined and fully considered the petition for writ of mandamus,
    the response filed by the real party in interest, MVP Properties, LLC, relator’s reply, and
    the applicable law, is of the opinion that relator has not met its burden to obtain mandamus
    relief. See In re Prudential Ins. Co. of 
    Am., 148 S.W.3d at 135
    –36. Accordingly, we LIFT
    the stay previously imposed by this Court and we DENY the petition for writ of mandamus.
    2
    See TEX. R. APP. P. 52.8(a). MVP’s “Motion to Reconsider, Vacate, and/or Modify Order
    Granting Emergency Stay” is DISMISSED as moot.
    PER CURIAM
    Delivered and filed the
    22nd day of May, 2015.
    3