in Re Joann M. Romero

• Court: Court of Appeals of Texas
• Decided: April 21, 2005
• Docket: 14-05-00121-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 21, 2005

Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 21, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00121-CV

IN RE JOANN ROMERO, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On February 3, 2005, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  Relator seeks  certain discovery from the Houston Rockets, real party in interest=s former employer, but the trial court granted real party in interest=s motion for protection.

Mandamus relief is available if the trial court abuses its discretion, either in resolving factual issues or in determining legal principles when there is no other adequate remedy by law.  See Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992).  A trial court abuses its discretion if Ait reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law.@  Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex.1985).  Mandamus is intended to be an extraordinary remedy, only available in limited circumstances Ainvolving manifest  and urgent necessity and not for grievances that may be addressed by other remedies.@  Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 684 (Tex. 1989).  An appellate remedy is not inadequate merely because the party may incur more expense and delay than in obtaining the writ.  Walker, 827 S.W.2d at 842. 

Relator has not established that she is entitled to mandamus relief.  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed April 21, 2005.

Panel consists of Justices Edelman, Seymore, and Guzman.