in Re Melissa Sutton, Relator ( 2012 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00786-CV
IN RE Melissa SUTTON
Original Mandamus Proceedings 1
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: December 5, 2012
PETITION FOR WRIT OF MANDAMUS DENIED
On November 21, 2012, relator Melissa Sutton filed a petition for writ of mandamus,
complaining of the trial court’s November 8, 2012 order appointing a receiver. However,
mandamus relief is only available to correct a clear abuse of discretion for which the relator has
no adequate remedy at law. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex.
2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig.
proceeding). Texas Civil Practice and Remedies Code section 51.014(a)(1) permits an
interlocutory appeal from an order that appoints a receiver. See TEX. CIV. PRAC. & REM. CODE
§ 51.014(a)(1); TEX. R. APP. P. 26.1 (in an accelerated appeal, the notice of appeal must be filed
within 20 days after the judgment or order is signed). Therefore, we conclude relator has failed
1
This proceeding arises out of Cause No. 11-05-00128, styled Patricia Angell v. Melissa Sutton, pending in the
218th Judicial District Court, Karnes County, Texas, the Honorable Stella Saxon presiding.
04-12-00786-CV
to establish she lacks an adequate remedy by appeal. Accordingly, the petition for writ of
mandamus is DENIED. TEX. R. APP. P. 52.8(a).
PER CURIAM
-2-