In Re Ala Abualtayeb v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 8, 2025
• Docket: 01-25-00493-CV
• Status: Published

Opinion

Opinion issued July 8, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00493-CV ——————————— IN RE ALA ABUALTAYEB, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, Ala Abualtayeb,1 filed a petition for writ of mandamus contending

that the trial court “erred and abused its discretion in failing to carry out its

ministerial duty to transfer the cause to Dallas County as required by Section

1 We note that relator styled her petition for writ of mandamus as “In re Y.M.C., a Minor Child,” however, the rules governing original proceedings state that a “petition must be captioned ‘In re [name of relator].’” See TEX. R. APP. P. 52.1 (emphasis in original). The Court has therefore docketed this original proceeding according to the requirements of the rules, under the name of relator. 155.201 of the Texas Family Code.”2 Relator requested that the Court “declare any

orders from the 257th Judicial District Court [of Harris County] rendered after April

22, 2025 void and transfer the case to the 255th Judicial District Court of Dallas

County.”

In connection with her mandamus petition, relator also filed a “Motion for

Emergency Relief and to Stay Trial Proceedings.” In her motion, relator requested

that the Court stay all proceedings in the trial court pending this Court’s

consideration of her petition for writ of mandamus.

We conclude that relator has failed to establish she is entitled to mandamus

relief, and therefore the Court denies relator’s petition for writ of mandamus and her

“Motion for Emergency Relief and to Stay Trial Proceedings.” We dismiss any

pending motions as moot.

PER CURIAM

Panel consists of Justices Guerra, Gunn, and Dokupil.

2 The underlying case is In the Interest of Y.M.C., a Child, Cause No. 2017-49633, in the 257th District Court of Harris County, Texas, the Honorable Sandra Peake presiding.