In Re Cecilia Vallejo v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 31, 2023
• Docket: 01-23-00594-CV
• Status: Published

Opinion

Opinion issued August 31, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00594-CV ——————————— IN RE CECILIA VALLEJO, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Cecilia Vallejo, filed a petition for a writ of mandamus challenging

the trial court’s July 14, 2023 order denying her “Amended Motion to Dismiss the

Department [of Family and Protective Service’s] Original Petition in Intervention

for Protection of a Child and for Conservatorship, and for Termination in Suit

Affecting the Parent-Child Relationship for Lack of Court[’]s Jurisdiction . . . Due to Loss of Plenary Power.”1 Relator requested that the Court grant mandamus relief

and “issue a writ of mandamus commanding [the trial court] . . . to sign an [o]rder

of [d]ismissal” of the termination proceeding.

Our review of relator’s mandamus petition reflects that relator has failed to

establish that she is entitled to mandamus relief. Accordingly, we deny relator’s

petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). All pending motions

are dismissed as moot.

PER CURIAM Panel consists of Justices Goodman, Rivas-Molloy, and Guerra.

1 The underlying case is In the Interest of R.A.L., a Child, Cause No. 2021-01001, in 310th District Court of Harris County, Texas, the Honorable Sonya Heath presiding.