in Re Le-Vel Brands, LLC

Opinion

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

–2–