in Re Mujtaba Ali Khan

• Court: Court of Appeals of Texas
• Decided: January 16, 2014
• Docket: 09-14-00028-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-14-00028-CV _________________

IN RE MUJTABA ALI KHAN

________________________________________________________________________

Original Proceeding ________________________________________________________________________

MEMORANDUM OPINION

In this original mandamus proceeding Mujtaba Ali Khan (“Khan”) contends

that the trial court abused its discretion in ordering a show cause hearing for

alleged violations of two temporary injunction orders (“the temporary injunction

orders”). See Xenon Anesthesia of Tex. P.L.L.C. v. Xenon Health L.L.C., No. 09-

12-00553-CV, 2013 WL 1279408, at *4 (Tex. App.—Beaumont Mar. 28, 2013, no

pet.) (mem. op.). Khan argues the temporary injunction orders are void because the

trial court granted Khan’s motion for continuance and re-set the trial date to a later

date than the trial dates contained in the temporary injunction orders. The trial

court reset the trial date for February 10, 2014. Khan asks this Court to issue a

1 temporary stay of the trial court proceedings and to issue a writ of mandamus

directing the trial court (1) to vacate its order setting the show cause hearing, and

(2) to dissolve the temporary injunctions. See Tex. R. App. P. 52.8(c); see also

Tex. R. App. P. 52.10(b).

After reviewing the petition for writ of mandamus and the mandamus

record, we conclude that the relator has not established an abuse of discretion by

the trial court. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex.

2004) (orig. proceeding); In re CI Host, Inc., 92 S.W.3d 514, 516 (Tex. 2002)

(orig. proceeding). We deny the petition for writ of mandamus and motion for

temporary relief. See Tex. R.App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Opinion Delivered January 16, 2014

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