in Re: P.K., Kirtland Realty Group, L.P. ( 2018 )

DISMISS and Opinion Filed December 19, 2018
Court of Appeals
S In The
Fifth District of Texas at Dallas
No. 05-18-01222-CV
IN RE P.K., KIRTLAND REALTY GROUP, L.P., 1907 ELM GP GROUP, 1900 PACIFIC
GP CORP., PETROCORRIGAN GP, LLC, PETROCORRIGAN DEVELOPMENT GP
CORP., KRG GENPAR, LLC, T.W. DUKE CAPITAL, L.P., AND TWDC GENPAR,
LLC, Relators
Original Proceeding from the 302nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-17-11304
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Fillmore
Opinion by Chief Justice Wright
In this original proceeding, relator P.K. and his business entities, Kirtland Realty Group,
L.P., 1907 Elm GP Corp., 1900 Pacific GP Corp., PetroCorrigan GP, LLC, PetroCorrigan
Development GP Corp., KRG GenPar, LLC, T.W. Duke Capital, LP, and TWDC GenPar, LLC
(collectively, “the corporate relators”) complain of a temporary injunction against P.K. and a
temporary restraining order against the corporate relators rendered in a divorce.1 See TEX. FAM.
CODE ANN. §§ 6.501, 6.502. Review by mandamus of temporary orders under subchapter F of the
family code is proper because those orders, other than an order appointing a receiver, are not
subject to interlocutory appeal under the family code. See TEX. FAM. CODE. ANN. § 6.507; In re
1
The injunction was rendered by the associate judge and upheld by the trial court following a de novo hearing. Although the associate judge’s
ruling was to remain in effect “until further order of the court,” as opposed to expiring in fourteen days subject to an extension for good cause
shown or unopposed extensions, relators characterize the ruling as a temporary restraining order. See TEX. R. CIV. P. 680.
Vitol, Inc., No. 14-10-00049-CV, 2010 WL 308792, *1 (Tex. App.—Houston [14th Dist.] 2010,
orig. proceeding) (per curiam). However, we dismiss the petition for want of jurisdiction to the
extent it complains of the restraining order against the corporate relators as those complaints have
expired and are moot. See Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999)
(“Appellate courts are prohibited from deciding moot controversies.”); Hermann Hosp. v. Thu Nga
Thi Tran, 730 S.W.2d 56, 57 (Tex. App.—Houston [14th Dist.] 1987, no writ) (complaints about
expired orders are moot). As to the temporary injunction, we deny the petition as no abuse of
discretion has been shown. See In re Team Rocket, L.P., 256 S.W.3d 257, 259 (Tex. 2008)
(mandamus relief granted only when no adequate remedy by appeal exists and the trial court has
clearly abused its discretion).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
181222F.P05
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