In re Tina Benkiser and Republican Party of Texas
(Tex. App. - Houston June 9, 2008) (mandamus denied in internal party dispute)
Full case style on appeal: In re Tina Benkiser, Chairman,
Republican Party of Texas, and The Republican Party of Texas, No. 01-08-00451-CV
Opinion by Justice Terry Jennings
Panel composition: Before Justices Tim Taft, Terry Jennings and Jane Nenninger Bland
Disposition: Deny Petition for Writ of Mandamus
Appeal from County Civil Court at Law No 4 of Harris County (Visiting Judge Tom Sullivan)
Presiding County Civil Court Judge Roberta Lloyd was on vacation when TRO was granted
Case style in the trial court: Medina v. Benkiser, No. 919790 (County Civil Court at Law No. 4, Harris
County, Houston, TX).
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IN RE TINA BENKISER, CHAIRMAN, REPUBLICAN PARTY OF TEXAS,
AND THE REPUBLICAN PARTY OF TEXAS, Relators
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Original Proceeding on Petition for Writ of Mandamus (1)
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MEMORANDUM OPINION
Relators, Tina Benkiser, Chairman, Republican Party of Texas, and the Republican Party of Texas, have
filed a petition for a writ of mandamus challenging a June 4, 2008 temporary restraining order, signed by
the Honorable Tom Sullivan, in favor of real parties in interest, Debra Medina, Mallory Miller, Jr., Dustan
Costine, Chad Creighton, Richard Wyatt, and Kay Fisher.
In In re Newton, the Texas Supreme Court determined that mandamus relief was available to vacate a
temporary restraining order based on the fact that temporary restraining orders are generally not
appealable and that there was no adequate remedy by appeal. 146 S.W.3d 648, 652-53 (Tex. 2004).
In support of its holding, the supreme court noted that by granting the temporary restraining order after the
election in question had begun and by setting the temporary injunction hearing the day after the election
was over, the district court had "essentially made a final, non-appealable adjudication affecting" the parties'
rights to participate in the election. Id. at 652. Here, because the temporary restraining order evidences that
a hearing on the real-parties-in-interest request for a temporary injunction has been set for June 9, 2008 at
3:00 p.m., relators have failed to establish the lack of an adequate remedy by appeal. Accordingly, we deny
the petition for a writ of mandamus.
PER CURIAM
Panel consists of Justices Taft, Jennings, and Bland.
1. The underlying lawsuit is styled Medina v. Benkiser, No. 919790 (County Civil Court at Law No. 4, Harris
County).