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In re Thomas

Court of Appeals Ninth District of Texas at Beaumont
Jun 16, 2015
NO. 09-15-00240-CV (Tex. App. Jun. 16, 2015)

Summary

holding that the relator had an adequate remedy by appeal because the trial court had signed a final appealable judgment

Summary of this case from In re Byers

Opinion

NO. 09-15-00240-CV

06-16-2015

IN RE KATHLEEN THOMAS


Original Proceeding

MEMORANDUM OPINION

In a petition for writ of mandamus and motion for temporary relief, Kathleen Thomas (Relator or Thomas), challenges various interlocutory rulings and the final judgment of the 284th District Court of Montgomery County, Texas, in a fee dispute between Thomas and her former counsel. The trial court signed the final judgment on May 11, 2015. An original proceeding for a writ of mandamus "is not a substitute for an appeal." In re Sec. Nat'l Ins., No. 14-11-00013-CV, 2011 WL 332712, at *1 (Tex. App.—Houston [14th Dist.] Feb. 3, 2011, orig. proceeding) (mem. op.). Mandamus relief is not available to Thomas because the trial court has signed an appealable final judgment. See In re Harrell, No. 01-13-00517-CV, 2014 WL 866044, at *1 (Tex. App.—Houston [1st Dist.] Mar. 4, 2014, orig. proceeding) (mem. op.). Thomas has an adequate remedy by appeal. Id. Accordingly, we deny the petition for writ of mandamus and motion for temporary relief. See Tex. R. App. P. 52.8.

Generally, an appeal from a final judgment must be taken within thirty days of the date the judgment is signed by filing a notice of appeal with the trial court. See Tex. R. App. P. 25.1, 26.1. A ninety-day period to perfect an appeal applies if an appropriate post-judgment motion has been timely filed. See Tex. R. App. P. 26.1(a). An extension of time to file a notice of appeal may be granted if the notice of appeal is filed within fifteen days of the deadline, and the appellant files a motion for extension of time or establishes that she made a bona fide attempt to invoke the appellate jurisdiction of the Court of Appeals within fifteen days of the deadline. See Tex. R. App. P. 26.3; see also Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).

PETITION DENIED.

PER CURIAM Opinion Delivered June 16, 2015 Before McKeithen, C.J., Kreger and Johnson, JJ.


Summaries of

In re Thomas

Court of Appeals Ninth District of Texas at Beaumont
Jun 16, 2015
NO. 09-15-00240-CV (Tex. App. Jun. 16, 2015)

holding that the relator had an adequate remedy by appeal because the trial court had signed a final appealable judgment

Summary of this case from In re Byers

holding that the relator had an adequate remedy by appeal because the trial court had signed a final appealable judgment

Summary of this case from In re Catt
Case details for

In re Thomas

Case Details

Full title:IN RE KATHLEEN THOMAS

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Jun 16, 2015

Citations

NO. 09-15-00240-CV (Tex. App. Jun. 16, 2015)

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The relator has an adequate remedy by appeal if the trial court signs an appealable order. In re Thomas, No.…

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Because the trial court signed a final judgment, relator has an adequate remedy by appeal. See In re Thomas,…