in Re Abenat Abera

• Court: Court of Appeals of Texas
• Decided: May 14, 2021
• Docket: 03-21-00168-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-21-00168-CV

In re Abenat Abera

ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY

MEMORANDUM OPINION

Relator has filed a petition for writ of mandamus complaining that the trial court

violated her Due Process rights by failing to provide her an opportunity to be heard before

entering new temporary orders. Having reviewed the petition and the record before us, relator

first raised her Due Process argument in a motion to vacate, which has not yet been ruled on

by the trial court. See In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding)

(per curiam) (“A party's right to mandamus relief generally requires a predicate request for some

action and a refusal of that request.”).

Accordingly, this petition for writ of mandamus is denied. See Tex. R. App. P.

52.8(a). Relator’s Motion for Emergency Hearing and Motion to Stay Temporary Orders are

also denied. __________________________________________ Melissa Goodwin, Justice

Before Justices Goodwin, Triana, and Kelly

Filed: May 14, 2021