In Re Kyle Lumpkin Appeal from 58th District Court of Jefferson County (memorandum opinion per curiam)

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-18-00387-CV _________________ IN RE KYLE LUMPKIN ________________________________________________________________________ Original Proceeding 58th District Court of Jefferson County, Texas Trial Cause No. A-202,559 ________________________________________________________________________ MEMORANDUM OPINION In this mandamus proceeding, Kyle Lumpkin seeks to compel the trial court to vacate a temporary restraining order and dismiss or abate the underlying action filed by Turbo Power Systems, Inc. through its sole shareholder, Daniel J. Mouton Sr. According to Lumpkin, the judge presiding over a divorce proceeding involving Mouton and his wife, Cathie L. Mouton, has dominant jurisdiction over matters that concern their rights. In a motion for temporary relief, Lumpkin asks this Court to stay a temporary injunction hearing currently scheduled for October 11, 2018. A writ of mandamus is 1 an extraordinary remedy that will issue only to correct a clear abuse of discretion for which the relator has no adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After considering the petition and examining the documents contained in the appendix, we conclude that Lumpkin has not established that he is entitled to mandamus relief. Accordingly, we deny the petition for a writ of mandamus and the motion for temporary relief. See Tex. R. App. P. 52.8(a). PETITION DENIED. PER CURIAM Submitted on October 9, 2018 Opinion Delivered October 10, 2018 Before Kreger, Horton and Johnson, JJ. 2

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