in Re Victor and Candy Gonzales

• Court: Court of Appeals of Texas
• Decided: April 20, 2004
• Docket: 03-04-00215-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-04-00215-CV

In re Victor and Candy Gonzales

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R A N D U M O P I N I O N

Victor and Candy Gonzales oppose the petition by the real parties in interest below to be named the managing conservators of the Gonzaleses' child. By petition for writ of mandamus, the Gonzaleses ask this Court to order the district court to dismiss the real parties' suit based on the real parties' lack of standing. They also seek an emergency stay and the vacation of the district court's temporary order that the Gonzaleses permit visitation between their child and the real parties in interest pending the suit.

Having determined that the Gonzaleses have adequate remedies at law both in the trial court and by way of direct appeal, we deny both the Gonzaleses' motion for emergency relief and their petition for writ of mandamus.

Mack Kidd, Justice

Before Justices Kidd, B. A. Smith and Pemberton

Filed: April 20, 2004