in Re Le-Vel Brands, LLC

DENY; and Opinion Filed November 16, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01389-CV
IN RE LE-VEL BRANDS, LLC, Relator
Original Proceeding from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-05753-2018
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Boatright
Opinion by Justice Boatright
Before the Court is relator’s November 15, 2018 petition for writ of mandamus in which
relator contends the trial court abused its discretion by issuing a November 2, 2018 temporary
restraining order and finding relator in contempt on November 14, 2018 for violating the temporary
restraining order. To be entitled to mandamus relief, a relator must show both that the trial court
has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential
Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Because the temporary
restraining order expires today, relator’s contention regarding that order is moot; and because the
underlying case has been abated, the trial court cannot enforce the contempt order until the
abatement is lifted. We therefore conclude that relator has not shown it is entitled to the relief
requested. We must deny a petition for mandamus if we determine that a relator is not
entitled to relief. TEX. R. APP. P. 52.8(a). Accordingly, we deny relator’s petition for writ of
mandamus.
/Jason Boatright/
JASON BOATRIGHT
JUSTICE
181389F.P05
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