in Re Jack Corey and Corey Supply

Petition for Writ of Mandamus Denied and Memorandum Opinion filed
January 5, 2018.
In The
Fourteenth Court of Appeals
NO. 14-17-01001-CV
IN RE JACK COREY AND COREY SUPPLY, Relators
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
506th District Court
Grimes County, Texas
Trial Court Cause No. 31919
MEMORANDUM OPINION
On December 28, 2017, relators Jack Corey and Corey Supply filed a petition
for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West Supp.
2017); see also Tex. R. App. P. 52. In the petition, relators ask this court to compel
the Honorable Albert M. McCaig, Jr., presiding judge of the 506th District Court of
Grimes County, to vacate the order he signed on December 11, 2017. This order,
(1) grants the motion for sanctions filed by real parties-in-interest Johnathan L.
Rankin and RAMS Aviation Company, Inc. (“Plaintiffs”); and (2) directs relators to
pay Plaintiffs their reasonable and necessary attorney’s fees of $1,340 incurred by
Plaintiffs in connection with the deposition of Jack Corey at which he failed to
appear (the “Sanctions Order”).
To obtain mandamus relief, a relator generally must show that relator has no
adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–
36 (Tex. 2004) (orig. proceeding). “When an order of monetary sanctions is issued
as part of post-judgment discovery proceedings, a challenge to the monetary
sanctions properly may be reviewed by appeal.” Sintim v. Larson, 489 S.W.3d 551,
557 (Tex. App.—Houston [14th Dist.] 2016, no pet.) (citing Arndt v. Farris, 633
S.W.2d 497, 500 n. 5 (Tex. 1982) and Bahar v. Lyon Fin. Servs., Inc., 330 S.W.3d
379, 388 (Tex. App.—Austin 2010, pet. denied)). Because the Sanctions Order
awarding monetary sanctions is a final order that may appealed, relators have an
adequate remedy by appeal.1
Accordingly, we deny relators’ petition for writ of mandamus.
PER CURIAM
Panel consists of Justices Boyce, Jamison, and Brown.
1
We express no opinion as to whether the Sanctions Order was erroneous or an abuse of discretion.
2