in Re Energy XXI Gulf Coast, Inc. and Energy XXI GIGS Services, LLC

Opinion issued January 7, 2020.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00228-CV
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IN RE ENERGY XXI GULF COAST, INC. AND ENERGY XXI GIGS
SERVICES, LLC, Relators
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NO. 01-19-00254-CV
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ENERGY XXI GULF COAST, INC. AND ENERGY XXI GIG S SERVICES,
LLC, Appellants
V.
CORENERGY INFRASTRUCTURE TRUST, INC. AND GRAND ISLE
CORRIDOR, LP, Appellees
On Appeal from the 11th District Court
Harris County, Texas
Trial Court Case No. 2019-20787
MEMORANDUM OPINION
Energy XXI Gulf Coast, Inc. and Energy XXI GIGS Services, LLC (“Energy
XXI”), filed a petition for writ of mandamus and a related interlocutory appeal
challenging the trial court’s March 28, 2019 “Order Granting Temporary Restraining
Order and Setting Hearing for Temporary Injunction.”1 We deny the petition and lift
the stay previously imposed.
Energy XXI’s interlocutory appeal, which was filed in the alternative, does
not raise any new or different arguments other than those addressed in the mandamus
proceeding. Temporary restraining orders cannot be challenged by interlocutory
appeal. See Nikolouzos v. St. Luke’s Episcopal Hosp., 162 S.W.3d 678, 680–81 (Tex.
App.––Houston [14th Dist.] 2005, no pet.); TEX. CIV. PRAC. & REM. CODE
§ 54.014(a) (authorizing interlocutory appeals from specific types of orders).
Therefore, we dismiss the interlocutory appeal for want of jurisdiction.
PER CURIAM
Panel consists of Justices Lloyd, Kelly, and Landau.
1
The underlying case is CorEnergy Infrastructure Trust, Inc. and Grand Isle
Corridor, LP v. Energy XXI Gulf Coast, Inc. and Energy XXI GIGS Services, LLC,
No. 2019-20787 in the 11th District Court of Harris County, Texas, Hon. Kristen
Brauchle Hawkins, presiding.
The order that is the subject of this original proceeding was issued by the Honorable
Steven Kirkland, judge of the 334th District Court, Harris County, Texas, sitting as
ancillary judge.
2