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In re Ralston

Court of Appeals Ninth District of Texas at Beaumont
Nov 17, 2016
NO. 09-16-00326-CV (Tex. App. Nov. 17, 2016)

Opinion

NO. 09-16-00326-CV

11-17-2016

IN RE RACHEL ASHLEY RALSTON


Original Proceeding 75th District Court of Liberty County, Texas
Trial Cause No. CV1408348

MEMORANDUM OPINION

In this mandamus proceeding, relator Rachel Ashley Ralston contends the trial court abused its discretion when it denied her motion to transfer venue of her petition for modification in a suit affecting the parent-child relationship. Specifically, Ralston claims that the trial court's order disregarded mandatory venue statutes which require the case to be transferred to Bexar County.

Relator is also known as Rachel Ashley Ralston-Miller. --------

In her original motion to transfer venue, which was filed on April 28, 2016, Ralston requested that venue of the case be transferred to Comal County. After the real party in interest filed an affidavit controverting the motion to transfer venue, Ralston filed her first amended motion to transfer venue on July 19, 2016. In her amended motion to transfer venue, Ralston requested that the case be transferred to Bexar County. See Tex. Fam. Code Ann. §§ 155.201(b), 155.203 (West 2014).

Mandamus will issue only to correct a clear abuse of discretion when that abuse cannot be adequately remedied by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004). After reviewing the mandamus record and petition, we conclude that the relator has failed to establish an abuse of discretion by the trial court. See id. Accordingly, we deny the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM Submitted on September 23, 2016
Opinion Delivered November 17, 2016 Before McKeithen, C.J., Horton and Johnson, JJ.


Summaries of

In re Ralston

Court of Appeals Ninth District of Texas at Beaumont
Nov 17, 2016
NO. 09-16-00326-CV (Tex. App. Nov. 17, 2016)
Case details for

In re Ralston

Case Details

Full title:IN RE RACHEL ASHLEY RALSTON

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Nov 17, 2016

Citations

NO. 09-16-00326-CV (Tex. App. Nov. 17, 2016)