in Re: Sara Matula

• Court: Court of Appeals of Texas
• Decided: June 29, 2006
• Docket: 14-06-00449-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed June 29, 2006

Petition for Writ of Mandamus Denied and Memorandum Opinion filed June 29, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00449-CV

IN RE SARA MATULA, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On May 18, 2006, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asked this court to compel the Honorable Georgia Dempster, presiding judge of the  308th District Court of Harris County, to set aside her ruling granting the real parties in interest visitation with relator=s minor child through the SAFE program.

Relator has not established that she is entitled to mandamus relief.  Specifically, relator has waived her claim by acquiescing to the trial court=s ruling.  See e.g. Simmons v. Kuzmich, 166 S.W.3d 342, 351 (Tex. App.BFort Worth 2005, orig. proceeding).  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed June 29, 2006.

Panel consists of Chief Justice Hedges, Justices Yates, and Guzman.