In re Shelton Energy Solutions, LLC

Summary

The Ninth Court of Appeals of Texas denied Shelton Energy Solutions, LLC’s petition for a writ of mandamus challenging orders that denied its motions to show authority, join necessary parties, and abate a wrongful-death lawsuit. The court concluded that Shelton Energy had not established an abuse of discretion for which there was no adequate remedy by appeal, particularly in light of a pending probate-court heirship proceeding, and denied relief without prejudice.

Holdings

1. Mandamus relief was not warranted because Shelton Energy did not establish that the trial court's orders constituted an abuse of discretion for which there was no adequate remedy by appeal.

Questions Presented

1. Whether the trial court abused its discretion by denying Shelton Energy's motion to show authority.
2. Whether the trial court abused its discretion by denying Shelton Energy's motion to join necessary parties.
3. Whether the trial court abused its discretion by denying Shelton Energy's motion to abate the personal-injury and wrongful-death lawsuit pending a probate determination of heirship and appointment of an estate representative.
4. Whether Shelton Energy established that it lacked an adequate remedy by appeal, particularly in light of the subsequently commenced heirship proceeding.

Disposition

writ_denied