From Casetext: Smarter Legal Research

In re Lopez

Court of Appeals of Texas, Fourth District, San Antonio
Apr 1, 2009
No. 04-09-00124-CV (Tex. App. Apr. 1, 2009)

Opinion

No. 04-09-00124-CV

Delivered and Filed: April 1, 2009.

Original Mandamus Proceeding.

This proceeding arises out of Cause No. CC-07-60, styled In the Interest of C. J. M., A Child, pending in the 229th Judicial District Court, Jim Hogg County, Texas, the Honorable Alex W. Gabert presiding.

Petition for Writ of Mandamus Denied.

Sitting: KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice, STEVEN C. HILBIG, Justice.


MEMORANDUM OPINION


In this original mandamus proceeding, relator Pete A. Lopez, Jr. complains of the trial court's Order Denying Filing and Admissibility of DNA Genetic Testing. The court has considered relator's petition, real party in interest's response, and the Office of Attorney General of Texas's Response, and is of the opinion that relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a).

Our denial should not be interpreted as precluding relator from seeking testing under Texas Family Code section 160.502(a); although, the court expresses no opinion as to whether he is entitled to testing under section 160.502(a) because that issue is not properly before us. See Tex. Fam. Code Ann. § 160.502(a) (Vernon 2001).


Summaries of

In re Lopez

Court of Appeals of Texas, Fourth District, San Antonio
Apr 1, 2009
No. 04-09-00124-CV (Tex. App. Apr. 1, 2009)
Case details for

In re Lopez

Case Details

Full title:IN RE Pete A. LOPEZ, Jr

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Apr 1, 2009

Citations

No. 04-09-00124-CV (Tex. App. Apr. 1, 2009)