in Re Frederick John Brundrette, Individually, as Trustee of the Brundrette Family Trust, and as Officer/President of F.J.B. Construction, Inc.

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-08-305 CV ____________________

IN RE FREDERICK JOHN BRUNDRETTE, INDIVIDUALLY, AS TRUSTEE OF THE BRUNDRETTE FAMILY TRUST, AND AS OFFICER/PRESIDENT OF F.J.B. CONSTRUCTION, INC.

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Original Proceeding

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MEMORANDUM OPINION

Frederick John Brundrette, Individually, as Trustee of the Brundrette Family Trust, and as Officer and President of F.J.B. Construction, Inc., filed a petition for writ of mandamus in which he contends the trial court abused its discretion when it entered an order, pending a trial on the merits, that removed him as trustee of the Brundrette Family Trust, the majority shareholder of F.J.B. Construction, Inc.

Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). Under the Texas Property Code, a trial court has broad authority to remove a trustee of a trust. See Tex. Prop. Code Ann. § 113.082(a)(1), (4) (Vernon 2007). In this case, the trial court heard evidence relevant to the statutory grounds that permit a trial court to remove a trustee. See id. After viewing the mandamus record and petition, we conclude that the relator has not demonstrated an abuse of discretion by the trial court for which there is no adequate remedy by appeal. Accordingly, we lift our stay ordered on July 11, 2008, and deny the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Opinion Delivered July 17, 2008

Before McKeithen, C.J., Gaultney and Horton, JJ.