in Re S.D.

• Court: Court of Appeals of Texas
• Decided: August 3, 2017
• Docket: 09-17-00233-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-17-00233-CV _________________

IN RE S.D.

________________________________________________________________________

Original Proceeding 418th District Court of Montgomery County, Texas Trial Cause No. 16-06-06557-CV ________________________________________________________________________

MEMORANDUM OPINION

Relator, S.D., petitioned to compel the Judge of the 418th District Court of

Montgomery County, Texas, to set a hearing on pending motions and render a

decision regarding access and possession in a suit involving a child in the care of the

Texas Department of Family and Protective Services. Mandamus relief is proper to

correct a clear abuse of discretion when there is no adequate remedy by appeal. In

re Dep’t of Family & Protective Servs., 273 S.W.3d 637, 643 (Tex. 2009). After

reviewing the petition and the responses of the real parties in interest, we conclude

that Relator has not shown that she is entitled to mandamus relief. Accordingly, the

petition for writ of mandamus is denied.

PETITION DENIED.

PER CURIAM

Submitted on July 14, 2017 Opinion Delivered August 3, 2017

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