In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00028-CV
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IN RE MUJTABA ALI KHAN
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Original Proceeding
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MEMORANDUM OPINION
In this original mandamus proceeding Mujtaba Ali Khan (“Khan”) contends
that the trial court abused its discretion in ordering a show cause hearing for
alleged violations of two temporary injunction orders (“the temporary injunction
orders”). See Xenon Anesthesia of Tex. P.L.L.C. v. Xenon Health L.L.C., No. 09-
12-00553-CV, 2013 WL 1279408, at *4 (Tex. App.—Beaumont Mar. 28, 2013, no
pet.) (mem. op.). Khan argues the temporary injunction orders are void because the
trial court granted Khan’s motion for continuance and re-set the trial date to a later
date than the trial dates contained in the temporary injunction orders. The trial
court reset the trial date for February 10, 2014. Khan asks this Court to issue a
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temporary stay of the trial court proceedings and to issue a writ of mandamus
directing the trial court (1) to vacate its order setting the show cause hearing, and
(2) to dissolve the temporary injunctions. See Tex. R. App. P. 52.8(c); see also
Tex. R. App. P. 52.10(b).
After reviewing the petition for writ of mandamus and the mandamus
record, we conclude that the relator has not established an abuse of discretion by
the trial court. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex.
2004) (orig. proceeding); In re CI Host, Inc., 92 S.W.3d 514, 516 (Tex. 2002)
(orig. proceeding). We deny the petition for writ of mandamus and motion for
temporary relief. See Tex. R.App. P. 52.8(a).
PETITION DENIED.
PER CURIAM
Opinion Delivered January 16, 2014
Before McKeithen, C.J., Horton and Johnson, JJ.
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