LEE-HICKMAN'S INVESTMENTS, Appellant, v. ALPHA INVESCO CORPORATION, Appellees., 139 S.W.3d 698

Summary

Appellant argued that the trial court's interlocutory dissolution order had the effect of staying the commencement of trial pending the resolution of the appeal. The court agreed, finding that the trial court abused its discretion by denying a stay under 1997 Tex. Gen. Laws 5 (amended 2001) (current version at Tex. Civ. Prac. & Rem. Code Ann. § 51.014(b) (Supp. 2003) and entering a summary judgment. A summary judgment proceeding was a trial within the meaning of § 51.014(b), and mandamus relief was not available, because there was an adequate remedy by appeal. The court found that the summary judgment interfered with the effectiveness of the relief sought by appellant in the interlocutory appeal or that might have been granted to appellant in that appeal. The court also found that the dissolution of the temporary injunction by the trial court was an abuse of discretion. The motion for summary judgment did not address any changed circumstances that warranted the dissolution of the ...