in Re: Bell Helicopter Textron, Inc.

• Court: Court of Appeals of Texas
• Decided: July 18, 2002
• Docket: 01-02-00666-CV
• Status: Published

Opinion

Opinion issued July 15, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00666-CV

IN RE BELL HELICOPTER TEXTRON, INC., Relator

Original Proceeding on Petition for Writ of Mandamus

O P I N I O N

Relator, Bell Helicopter Textron, Inc., has filed a petition for writ of mandamus complaining that Judge Blackstock ⁽¹⁾ has denied its plea to the jurisdiction. Relator has also filed a motion for temporary relief requesting that we stay all proceedings below while we consider relator's petition. The real parties in interest, plaintiffs in the underlying proceeding, have filed a response, which contains a motion for sanctions.

A party seeking mandamus relief must establish that it has no adequate remedy by appeal. See Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992). Absent some extraordinary situation, appeal is an adequate remedy for a trial court's denial of a plea to the jurisdiction, and a writ of mandamus will not issue to correct it. In re Bay Area Citizens Against Lawsuit Abuse, 982 S.W.2d 371, 375 (Tex. 1998); see also Bell Helicopter Textron, Inc. v. Walker, 787 S.W.2d 954, 955 (Tex. 1990). Relator has made no showing that this case involves an extraordinary situation. Because relator has failed to show that it lacks an adequate remedy by appeal, mandamus is not available to address the trial court's denial of its plea to the jurisdiction. In re Bay Area Citizens Against Lawsuit Abuse, 982 S.W.2d at 375.

The petition for writ of mandamus is denied. Accordingly, the motion for temporary relief is denied as moot. The request of the real parties in interest for sanctions is denied.

PER CURIAM

Panel consists of Chief Justice Schneider and Justices Nuchia and Radack.

Do not publish. Tex. R. App. P. 47.

1.

The Honorable James A. Blackstock, judge of the County Court at Law No. 3 of Brazoria County, Texas. The underlying lawsuit is Sue Ellen Landrum, Individually and as Independent Administrator of the Estate of Hank Arthur Landrum, and as Next Friend of Beverly Jean Landrum, a Minor, and Margaret "Maxine" Landrum v. Bell Helicopter Textron, Inc., trial court cause no. 24,971-A.