in Re: Katy Engineer

• Court: Court of Appeals of Texas
• Decided: November 21, 2006
• Docket: 14-06-00746-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 21, 2006

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 21, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00746-CV

IN RE KATY ENGINEER, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M  O P I N I O N

On August 30, 2006, relator Katy Engineer filed a petition for writ of mandamus in this court, seeking relief from a divorce decree signed by respondent, the Honorable Robert J. Kern, presiding judge of the 387th Judicial District Court, Fort Bend County, on remand from this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see  also  Tex. R. App. P. 52.1.  Relator argues that the decree after remand does not accurately reflect this court=s opinion, dated January 31, 2006, and is, therefore, an abuse of discretion.  See In re Castle Tex. Prod. Ltd. P=ship, 157 S.W.3d 524, 527 (Tex. App.CTyler 2005, orig. proceeding) (AA trial court=s failure or refusal to comply with a court of appeals mandate is an abuse of discretion.@). 

After examining the matter, we conclude that relator has failed to establish the trial court abused its discretion.  See Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992) (orig. proceeding).  Accordingly, we deny relator=s petition for writ of mandamus. 

PER CURIAM

Petition Denied and Memorandum Opinion filed November 21, 2006.

Panel consists of Justices Fowler, Edelman, and Frost.