in Re Michael Kennedy

Court of Appeals of Texas·Decided January 11, 2018·No. 09-17-00424-CV·Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-17-00424-CV _________________

IN RE MICHAEL KENNEDY

________________________________________________________________________

Original Proceeding 411th District Court of Polk County, Texas Trial Cause No. CIV31334 ________________________________________________________________________

MEMORANDUM OPINION

Michael Kennedy filed a petition for a writ of mandamus to compel the trial

court to rule on Kennedy’s motions for an injunction. Kennedy supplemented his

mandamus petition with copies of documents that indicate that a final order or

judgment has been signed.

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. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). Generally, there is no benefit to mandamus relief after an appealable

judgment has been signed. See In re Energy Transfer Fuel, L.P., 298 S.W.3d 348,

351 (Tex. App.—Tyler 2009, orig. proceeding).

After reviewing Kennedy’s mandamus petition and appendices, we conclude

that he has not shown that he is entitled to mandamus relief. Accordingly, the petition

for a writ of mandamus is denied.

PETITION DENIED.

PER CURIAM

Submitted on January 10, 2018 Opinion Delivered January 11, 2018

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

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)
In Re Energy Transfer Fuel, L.P.
298 S.W.3d 348 (Court of Appeals of Texas, 2009)