In Re Peter Edward Laurie v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 17, 2024
• Docket: 03-24-00582-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00582-CV

In re Peter Edward Laurie

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator Peter Edward Laurie has filed a petition for writ of mandamus

complaining of the trial court’s denial of Laurie’s motion to stay enforcement of the trial court’s

August 19, 2024 child-support order pending an appeal. See Tex. R. App. P. 52.1. Laurie has

also filed a motion for temporary relief, asking this Court to stay enforcement of the August 19

order while his mandamus petition is pending. See id. R. 52.10.

Mandamus relief is appropriate where the trial court clearly abuses its discretion

and there is no other adequate remedy at law. Walker v. Packer, 827 S.W.2d 833, 839 (Tex.

1992) (orig. proceeding). In both his petition and motion for temporary relief, Laurie argues that

enforcing the August 19 order “while [his] appeal is pending” would cause financial hardship. If

and when Laurie files a notice of appeal, Texas Rule of Appellate Procedure 24 provides a

mechanism for suspending enforcement of a judgment pending appeal. Tex. R. App. P. 24.

Accordingly, Laurie has an adequate appellate remedy and mandamus is therefore not

appropriate here. See Walker, 827 S.W.2d at 839. Having reviewed the petition and the record provided, we deny the petition for

writ of mandamus and dismiss as moot the motion for temporary relief. See Tex. R. App. P.

52.8(a).

__________________________________________ Gisela D. Triana, Justice

Before Justices Triana, Kelly and Theofanis

Filed: September 17, 2024