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in Re Allen L. Adkins
Citation: Not availableDocket: 14-11-00873-CV
Court: Court of Appeals of Texas; October 11, 2011; Texas; State Appellate Court
Original Court Document: View Document
Petition for Writ of Mandamus filed by Allen L. Adkins was denied by the Fourteenth Court of Appeals on October 11, 2011. Adkins sought to compel Judge Christopher Dupuy of the County Court at Law No. 3 in Galveston County to rescind a $500 sanctions order issued on September 26, 2011. The court emphasized that mandamus is an extraordinary remedy applicable only where there is a clear abuse of discretion by the trial court and no adequate remedy by appeal. The court referred to Texas Supreme Court precedent stating that monetary sanctions are generally not subject to mandamus review, as established in Braden v. Downey. It noted that if sanctions threaten litigation continuity, an appeal may be suitable if payment is deferred until a final judgment, allowing the party to supersede the judgment and appeal. In this case, the sanctions were linked to a final dismissal judgment, which could be appealed. The court concluded that Adkins had an adequate remedy through appeal and the ability to suspend enforcement of the judgment pending that appeal. Therefore, both the motion for emergency relief and the petition for writ of mandamus were denied. The ruling was made per curiam by a panel consisting of Chief Justice Hedges and Justices Anderson and Christopher.