in Re Melissa Sutton, Relator

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 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