Unreported / Non-Citable
Background
Wilbert Funeral Services, Inc. petitioned for a writ of mandamus directing the trial court to vacate its order denying summary judgment and to render summary judgment in the company’s favor.
Wilbert also moved for temporary relief, asking the court of appeals to stay the trial-court proceedings while the mandamus petition was pending.
The Court’s Holding
The Texas Thirteenth Court of Appeals denied the mandamus petition. The court explained that mandamus is an extraordinary remedy requiring the relator to establish both a clear abuse of discretion and the absence of an adequate appellate remedy.
The court emphasized that mandamus is generally unavailable to review the denial of summary judgment, although an exception may apply when proceeding to trial would defeat a substantive right that could not be protected through an ordinary appeal. After reviewing Wilbert’s petition, the supplied record, and the applicable law, the court concluded that Wilbert had not met its burden. It also denied the motion for temporary relief.
Key Takeaways
- A party seeking mandamus relief must show a clear abuse of discretion and no adequate remedy by appeal.
- A trial court’s denial of summary judgment ordinarily is not reviewable through mandamus.
- Because Wilbert did not establish entitlement to extraordinary relief, the court denied both its mandamus petition and its request for a stay.
Why It Matters
The decision reinforces the narrow role of mandamus in challenging interlocutory rulings. A relator cannot obtain immediate appellate review of a denied summary-judgment motion without satisfying the demanding requirements for extraordinary relief.