In re Melissa Sutton, Relator v. --Appeal from 218th Judicial District Court of Karnes County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00786-CV IN RE Melissa SUTTON Original Mandamus Proceedings 1 PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: December 5, 2012 PETITION FOR WRIT OF MANDAMUS DENIED On November 21, 2012, relator Melissa Sutton filed a petition for writ of mandamus, complaining of the trial court s November 8, 2012 order appointing a receiver. However, mandamus relief is only available to correct a clear abuse of discretion for which the relator has no adequate remedy at law. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Texas Civil Practice and Remedies Code section 51.014(a)(1) permits an interlocutory appeal from an order that appoints a receiver. See TEX. CIV. PRAC. & REM. CODE § 51.014(a)(1); TEX. R. APP. P. 26.1 (in an accelerated appeal, the notice of appeal must be filed within 20 days after the judgment or order is signed). Therefore, we conclude relator has failed 1 This proceeding arises out of Cause No. 11-05-00128, styled Patricia Angell v. Melissa Sutton, pending in the 218th Judicial District Court, Karnes County, Texas, the Honorable Stella Saxon presiding. 04-12-00786-CV to establish she lacks an adequate remedy by appeal. Accordingly, the petition for writ of mandamus is DENIED. TEX. R. APP. P. 52.8(a). PER CURIAM -2-

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