in Re Jean-Francois Gariepy

Court of Appeals of Texas·Decided October 20, 2016·No. 09-16-00293-CV·Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-16-00293-CV _________________

IN RE JEAN-FRANÇOIS GARIÉPY

________________________________________________________________________

Original Proceeding County Court of Jefferson County, Texas Trial Cause No. 115533 ________________________________________________________________________

MEMORANDUM OPINION

In this mandamus proceeding, Jean-François Gariépy contends that the trial

court abused its discretion by striking his petition in intervention in a temporary

guardianship proceeding filed by the real party in interest, Marsha Castellanos. On

September 14, 2016, the trial court appointed Castellanos as the permanent

guardian of the ward’s person. Any issue regarding the appointment of a temporary

guardian became moot once the trial court appointed a permanent guardian. See In

re Guardianship of Berry, 105 S.W.3d 665, 666 (Tex. App.—Beaumont 2003, no

pet.). The order appointing a guardian may be appealed. See Tex. Est. Code Ann. §

1 1152.001 (West 2014). We conclude that the relator has an adequate remedy at

law. Accordingly, we deny the petition for a writ of mandamus. See Tex. R. App.

P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on September 16, 2016 Opinion Delivered October 20, 2016

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

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Related

In Re Guardianship of Berry
105 S.W.3d 665 (Court of Appeals of Texas, 2003)