in Re M.N.

• Court: Court of Appeals of Texas
• Decided: June 15, 2015
• Docket: 09-15-00236-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-15-00236-CV _________________

IN RE M.N.

________________________________________________________________________

Original Proceeding ________________________________________________________________________

MEMORANDUM OPINION

Relator filed a motion for a temporary stay of the trial and a petition for writ

of mandamus requesting that the Court order the Judge of the County Court at Law

Number 3 of Montgomery County to dismiss a termination case. According to

Relator, the original dismissal date was November 24, 2014. On October 20, 2014,

the trial court extended the dismissal date to May 23, 2015. According to Relator,

the trial on the merits commenced May 18, 2015, a motion for mistrial was

granted, and the trial re-commenced on May 22, 2015. Relator filed a motion to

dismiss on May 26, 2015, after the trial commenced.

1 The mandamus record establishes that the trial on the merits commenced

before the extended dismissal date. See Tex. Fam. Code Ann. § 263.401 (West

2014). Relator did not file a motion to dismiss before the trial on the merits

commenced. The motion to dismiss was filed on May 26, 2015, after the trial

commenced. Tex. Fam. Code Ann. § 263.402 (West 2014). Therefore, Realtor has

not established an abuse of discretion by the trial court. See Tex. Fam. Code Ann.

§§ 263.401-.402. Furthermore, Relator has not shown that an accelerated appeal

would not provide an adequate remedy. See In re Tex. Dep’t of Family &

Protective Servs., 210 S.W.3d 609, 614 (Tex. 2006) (concluding that an

accelerated appeal provided an adequate remedy for trial court’s failure to dismiss

a suit under section 263.401 of the Texas Family Code). We deny the petition for a

writ of mandamus and the motion for temporary relief. See Tex. R. App. P. 52.8.

PETITION DENIED.

PER CURIAM

Opinion Delivered June 12, 2015

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