In re Jo D. Brunin--Appeal from 225th Judicial District Court of Bexar County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: December 29, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

The court has considered relator's petition for writ of mandamus and motion for temporary relief. The court is of the opinion that relief should be denied. Although relator acknowledges that the order in question is interlocutory because a second issue remains pending before the court, the relator does not indicate and the record does not reflect that the relator has requested a severance in an effort to make the order final and appealable. Because a severance by the trial court would provide an adequate remedy by appeal, relator's petition for writ of mandamus and motion for temporary relief are denied. See Tex. R. App. P. 52.8(a); see also Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (mandamus relief only available when there is no adequate remedy by law); Sanchez v. Hester, 911 S.W.2d 173, 177 (Tex. App.--Corpus Christi 1995, orig. proceeding [leave denied]) (mandamus relief appropriate where interlocutory order was not appealable and trial court denied motion to sever). Accordingly, relator's petition for writ of mandamus and motion for temporary relief are denied. Relator shall pay all costs incurred in this proceeding.

PER CURIAM

1. This proceeding arises out of Cause No. 2000-CI-00809, styled In the Matter of the Marriage of Jo Donel Brunin and Steven Paul Brunin, pending in the 225th Judicial District Court, Bexar County, Texas, the Honorable Michael Peden presiding.