in Re S.L.H.

• Court: Court of Appeals of Texas
• Decided: March 7, 2019
• Docket: 09-19-00022-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

_________________

NO. 09-19-00022-CV _________________

IN RE S.L.H. ________________________________________________________________________

Original Proceeding 1A District Court of Tyler County, Texas Trial Cause No. 24,908 ________________________________________________________________________

MEMORANDUM OPINION

Relator S.L.H., the mother of fourteen children under temporary managing

conservatorship of the Texas Department of Family and Protective Services pursuant

to a petition filed by the Tyler County District Attorney on behalf of the State of

Texas, seeks mandamus relief on the grounds that: (1) the trial court exceeded its

authority and jurisdiction by ordering the Department to exercise its discretionary

functions in a particular way; (2) the legal requirements had not been met for

ordering the removal of the children from their home and ordering the Department

to assume conservatorship of the children; and (3) the appointment of an amicus 1 attorney was prohibited by law. Relator requests that this Court order the trial court

to vacate its prior orders and dismiss the case. We denied Relator’s motion for

temporary relief and requested responses to the mandamus petition from the real

parties in interest.

A writ of mandamus is an extraordinary remedy that will issue only to correct

a clear abuse of discretion for which the relator has no adequate remedy by appeal.

In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig.

proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig.

proceeding). After considering the petition and the responses, and after examining

the supporting reporter’s records and documents filed by the parties, we conclude

that the relator has not established that she is entitled to mandamus relief.

Accordingly, we deny the petition for a writ of mandamus. Tex. R. App. P. 52.8(a).

PETITION DENIED. PER CURIAM

Submitted on February 11, 2019 Opinion Delivered March 7, 2019

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