in Re Edith Demayo

• Court: Court of Appeals of Texas
• Decided: March 17, 2005
• Docket: 09-05-00074-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-05-074 CV

IN RE EDITH DEMAYO

Original Proceeding

MEMORANDUM OPINION ⁽¹⁾

Edith DeMayo filed a petition for writ of mandamus on March 1, 2005. Relator complains that the trial court entered final judgment in her divorce case without the relator's approval. She also complains that the trial court has not set a hearing on her request for temporary orders pending appeal. Relator requests that this Court order removing the trial judge from the case.

Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex.1992); Walker v. Packer, 827 S.W.2d 833, 839 (Tex.1992). DeMayo filed notice of appeal in the underlying case, and an active appeal has been docketed in this Court under No. 09-05-068 CV. The relator has not demonstrated her entitlement to mandamus relief, nor has she shown that she has no adequate remedy by appeal. Accordingly, the petition for writ of mandamus is denied.

WRIT DENIED.

PER CURIAM

Opinion Delivered March 17, 2005

Before McKeithen, C.J., Kreger and Horton, JJ.

1. Tex. R. App. P. 47.4.