In Re Hollie Spyker v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 12, 2024
• Docket: 01-24-00645-CV
• Status: Published

Opinion

Opinion issued September 12, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00645-CV ——————————— IN RE HOLLIE SPYKER, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, Hollie Spyker, filed a petition for a writ of mandamus asserting that

the trial court abused its discretion by (1) “failing to follow the . . . [m]andate” of

this Court “to only consider conservatorship of [A.B.S., a minor child] after the

Texas Department of Family and Protective Services . . . dropped [its cause of action

for] the termination of parental rights” and (2) “by erroneously denying [r]elator’s

Motion to Strike Pleadings after the Attorney Ad Litem and Kinship Relatives filed late pleadings.”1 Relator’s mandamus petition requests that this Court issue a writ

of mandamus directing the trial court to “follow the mandate” of this Court and to

“vacate its order denying [r]elator’s Motion to Strike Pleadings.”2

We deny relator’s petition for writ of mandamus. We dismiss any pending

motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Goodman and Guerra.

1 The underlying case is In the Interest of A.B.A. a/k/a A.B.S., a Child, Cause No. 2022-00726J, in the 319th District Court of Harris County, Texas, the Honorable Natalia Cokinos Oakes presiding. 2 After relator’s parental rights were terminated by the trial court, she appealed, and this Court reversed the trial court’s Decree for Termination and remanded the case to the trial court for further proceedings. See In the Interest of A.B.A. a/k/a A.B.S., a Child, No. 01-23-00548-CV, 2023 WL 8814210, at *1 (Tex. App.—Houston [1st Dist.] Dec. 21, 2023, no pet.) (mem. op.).