Opinion
No. 04-16-00153-CV
04-06-2016
IN RE Sam Frederick ASHWORTH
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice PETITION FOR WRIT OF MANDAMUS DENIED
This proceeding arises out of Cause No. 2015CI17791, styled In the Matter of the Marriage of Sam Frederick Ashworth and Shayna Marie Ashworth and In the Interest of A.J.A. and M.G.A., Minor Children, pending in the 45th Judicial District Court, Bexar County, Texas, the Honorable Laura Salinas presiding. --------
On March 24, 2016, relator Sam Frederick Ashworth filed a petition for writ of mandamus complaining of the trial court's order granting a motion for new trial after a default judgment in the underlying divorce and suit affecting parent-child relations. The court has considered relator's petition for writ of mandamus and is of the opinion that relator is not entitled to the relief sought. See In re Procesos Especializados en Metal, S.A. de C.V., No. 04-14-00543-CV, 2014 WL 4347724, at *3 (Tex. App.—San Antonio Sept. 3, 2014, orig. proceeding) (declining to extend mandamus review to orders granting new trial after a default judgment). Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).
Additionally, relator requested leave to file his petition for writ of mandamus. No leave is required to file a petition for writ of mandamus in this court. TEX. R. APP. P. 52. Therefore, relator's request for leave to file is denied as moot.
PER CURIAM