In Re Palker Properties, LLC v. the State of Texas

Opinion

NUMBER 13-25-00480-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE PALKER PROPERTIES, LLC

ON PETITION FOR WRIT OF MANDAMUS

MEMORANDUM OPINION

Before Justices Silva, Peña, and West Memorandum Opinion by Justice Pena1

By petition for writ of mandamus, relator Palker Properties, LLC asserts that the

trial court abused its discretion in various respects by granting a temporary restraining

order in favor of the real parties in interest, Brixt Investments, LLC, Ground Zero Training

Facility, LLC, and Ronald Torres.

Mandamus is an extraordinary and discretionary remedy. See In re Allstate Indem.

1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not

required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R. 47.4 (distinguishing opinions and memorandum opinions). Co., 622 S.W.3d 870, 883 (Tex. 2021) (orig. proceeding); In re Garza, 544 S.W.3d 836,

840 (Tex. 2018) (orig. proceeding) (per curiam); In re Prudential Ins. Co. of Am., 148

S.W.3d 124, 138 (Tex. 2004) (orig. proceeding). Ordinarily, the relator must show that:

(1) the trial court abused its discretion; and (2) the relator lacks an adequate remedy on

appeal. In re USAA Gen. Indem. Co., 624 S.W.3d 782, 787 (Tex. 2021) (orig. proceeding);

In re Prudential Ins. Co. of Am., 148 S.W.3d at 135–36; Walker v. Packer, 827 S.W.2d

833, 839–40 (Tex. 1992) (orig. proceeding). Temporary restraining orders are not subject

to appeal, and thus they may be reviewed by mandamus. See In re Abbott, 601 S.W.3d

802, 813 (Tex. 2020) (orig. proceeding) (per curiam); In re Off. of Att’y Gen., 257 S.W.3d

695, 698 (Tex. 2008) (orig. proceeding) (per curiam); In re County of Hidalgo, 655 S.W.3d

44, 55 (Tex. App.—Corpus Christi–Edinburg 2022, orig. proceeding).

The Court, having examined and fully considered the petition for writ of mandamus,

the response filed by the real parties in interest, and the applicable law, is of the opinion

that this original proceeding has been rendered moot. See In re L.A.-K., 596 S.W.3d 387,

396 (Tex. App.—El Paso 2020, no pet.); In re Sierra Club, 420 S.W.3d 153, 156 (Tex.

App.—El Paso 2012, orig. proceeding). Specifically, the temporary restraining order at

issue has expired, and the trial court’s hearing on the temporary injunction has either

commenced or is imminent. Accordingly, we lift the stay previously imposed in this case,

and we dismiss this original proceeding as moot.

L. ARON PEÑA JR. Justice

Delivered and filed on the 23rd day of October, 2025. 2