in Re Southwest Research Institute ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00346-CV
IN RE SOUTHWEST RESEARCH INSTITUTE
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: May 21, 2014
PETITION FOR WRIT OF MANDAMUS DENIED
On May 9, 2014, relator Southwest Research Institute filed an emergency petition for writ
of mandamus and an emergency motion for temporary stay pending a ruling on the mandamus
petition. Relator complains of the trial court’s denial of its plea to the jurisdiction. The court has
considered the petition for writ of mandamus and the response filed on behalf of the real parties in
interest and is of the opinion that relator is not entitled to the relief sought.
Mandamus properly issues only to correct a clear abuse of discretion or the violation of a
duty imposed by law when there is no other adequate legal remedy. See Walker v. Packer, 827
S.W.2d 833, 839 (Tex. 1992). Except in circumstances that do not apply here, a trial court’s ruling
on a plea to the jurisdiction is generally not reviewable by mandamus because it involves a question
1
This proceeding arises out of Cause No. 2009-CI-07748, styled Pressure Systems International, Inc. and Equalaire
Systems, Inc. v. Southwest Research Institute, pending in the 408th Judicial District Court, Bexar County, Texas, the
Honorable Cathleen M. Stryker presiding.
04-14-00346-CV
of law that is reviewable by ordinary appeal. See In re State Bar of Tex., 113 S.W.3d 730, 734
(Tex. 2003); see also Bell Helicopter Textron, Inc. v. Walker, 787 S.W.2d 954, 955 (Tex. 1990).
Accordingly, the petition for writ of mandamus and the emergency motion for temporary stay are
denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM
-2-