in Re Bruce Hiran and Hung N. Yi ( 2018 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed
August 2, 2018.
In The
Fourteenth Court of Appeals
NO. 14-18-00572-CV
IN RE BRUCE HIRAN AND HUNG N. YI, Relators
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
151st District Court
Harris County, Texas
Trial Court Cause No. 2017-06257
MEMORANDUM OPINION
On July 13, 2018, relators Bruce Hiran and Hung N. Yi filed a petition for
writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West Supp.
2017); see also Tex. R. App. P. 52. In the petition, relators ask this court to compel
the Honorable Mike Engelhart, presiding judge of the 151st District Court of Harris
County, to vacate his: (1) November 21, 2017 order setting aside the default
judgment in favor of relators and against Long Beach Mortgage Company; (2) May
23, 2018 order denying relators’ leave to file a second amended petition, and (3)
May 23, 2018 order denying relators’ motion for summary judgment. Relators also
filed a motion for stay with this court. See Tex. R. App. P. 52.10(a).
With certain exceptions, to obtain mandamus relief, a relator must show both
that the trial court clearly abused its discretion and that the relator has no adequate
remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex.
2004) (orig. proceeding). One exception provides that when an order is void, the
relator need not show the lack of an adequate appellate remedy, and mandamus relief
is appropriate. In re Vaishangi, Inc., 442 S.W.3d 256, 261 (Tex. 2014) (orig.
proceeding).
Relators have not shown that they are entitled to mandamus relief. We
therefore deny relators’ petition for writ of mandamus and motion for stay.
PER CURIAM
Panel consists of Chief Justice Frost and Justices Boyce and Jewell.
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