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in Re Rose Crago and John Crago, Independent of the Estate of David Crago
Citation: Not availableDocket: 13-18-00016-CV
Court: Court of Appeals of Texas; January 9, 2018; Texas; State Appellate Court
Original Court Document: View Document
Relators Rose Crago and John Crago, as the independent executor of David Crago's estate, filed a petition for writ of mandamus on January 8, 2018, seeking to compel the respondent to withdraw a temporary injunction issued on September 22, 2017, or to modify it to restrict only Class 8 claims as per Texas Estates Code § 355.102. The relators had previously attempted a similar petition, which was denied by the court. In the trial court, the relators filed a motion to withdraw and modify the injunction, which was subsequently denied after a hearing. The court clarified that mandamus is an extraordinary remedy requiring the relator to demonstrate that the underlying order is void or represents a clear abuse of discretion, and that no adequate appellate remedy exists. An abuse of discretion occurs when a trial court's decision is arbitrary, unreasonable, or not based on guiding legal principles. The court also noted that when an order is void, the relator does not need to show a lack of adequate appellate remedy. After reviewing the petition and applicable law, the Court concluded that the relators failed to establish their entitlement to the relief sought, and thus denied the petition for writ of mandamus. The decision was delivered on January 10, 2018.