In Re Mayra Isabel Bustamante v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 13, 2025
• Docket: 01-25-00898-CV
• Status: Published

Opinion

Opinion issued November 13, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00898-CV ——————————— IN RE MAYRA ISABEL BUSTAMANTE, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Mayra Isabel Bustamante, has filed a petition for writ of mandamus

challenging an order granting a bill of review.1 We deny the petition. See Patrick

O’Connor & Assocs., L.P. v. Wang Inv. Networks, Inc., No. 01-12-00615-CV, 2013

WL 1451358, at *1–2 (Tex. App.—Houston [1st Dist.] Apr. 9, 2013, orig.

1 The underlying case is In the Matter of the Marriage of Erik Bustamante and Mayra Isabel Bustamante, cause number 24-DCV-321554, pending in the 505th District Court of Fort Bend County, Texas, the Honorable Kali Morgan presiding. proceeding) (mem. op.) (“[T]he general rule stated by both this Court and our sister

court in Houston is that an interlocutory order granting a bill of review may not be

reviewed by mandamus, but by appeal of the eventual final judgment in the case.”)

(citing In re Moreno, 4 S.W.3d 278, 281 (Tex. App.—Houston [14th Dist.] 1999,

orig. proceeding); Stettner v. Apollo Paint & Body Shop, Inc., Nos. 01–02–00667–

CV & 01–02–00204–CV, 2002 WL 1586282, at *1 (Tex. App.—Houston [1st Dist.]

July 18, 2002, orig. proceeding, no pet.) (combined mandamus and appeal)); see also

In re Bowe, No. 14-19-00636-CV, 2019 WL 4621062, at *1 (Tex. App.—Houston

[14th Dist.] Sept. 24, 2019, orig. proceeding) (mem. op.).2

PER CURIAM

Panel consists of Justices Guerra, Guiney, and Johnson.

2 The one exception to the general rule that the granting of a bill of review is not subject to mandamus is inapplicable because this case is not a paternity suit in which genetic testing has been ordered. See Patrick O’Connor & Assocs., 2013 WL 1451358, at *2. . 2