Chiles v. Schuble
In Chiles v. Schuble, 788 S.W.2d 205, 206 (Tex. App.--Houston 14th Dist. 1990, orig. proceeding) the relator sought relief from the respondent's refusal to enforce temporary support orders during the pendency of an appeal. See id.
The Fourteenth Court overruled the relator's original motion for leave to file a mandamus petition because he had not filed a motion with the respondent to enforce the temporary orders. Id.
Thereafter, the relator filed such a motion, which the respondent refused to set for hearing. After this refusal, the relator against sought leave to file a mandamus petition, which the appellate court granted. Id.