in Re Guillermo Puente

Court of Appeals of Texas·Decided July 30, 2019·No. 01-19-00259-CV·Published

Opinion

Opinion issued July 30, 2019

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-19-00259-CV ——————————— IN RE GUILLERMO PUENTE, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Guillermo Puente, has filed a petition for writ of mandamus

challenging a protective order issued in the underlying case.1 At the time the petition

was filed, relator also had a pending appeal from the same order. See Guillermo

Puente v. Alicia Marie Puente, No. 01-18-00583-CV (Tex. App.—Houston [1st

1 The underlying case is Alicia Marie Puente v. Guillermo Orestes Puente, cause number 2018-34059, pending in the 280th District Court of Harris County, Texas, the Honorable Barbara J. Stalder presiding. Dist.). Subsequently, on July 30, 2019, our Court affirmed the protective order in the

appeal. Because relator has an adequate remedy by appeal, we deny the petition for

writ of mandamus. See Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992)

(mandamus relief is not available when adequate appellate remedy exists). Any

pending motions are dismissed as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Goodman and Countiss.

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Related

Walker v. Packer
827 S.W.2d 833 (Texas Supreme Court, 1992)