From Casetext: Smarter Legal Research

In re Clark

Court of Appeals For The First District of Texas
Sep 27, 2016
NO. 01-16-00722-CV (Tex. App. Sep. 27, 2016)

Opinion

NO. 01-16-00722-CV

09-27-2016

IN RE RAYMOND C. CLARK, JR., Relator


Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Raymond C. Clark, Jr., has filed a petition for a writ of mandamus, challenging a final order in a suit to modify the parent-child relationship. He requests that we direct respondent, the Honorable K. Randall Hufstetler, to vacate the order and grant a new trial. Because the trial court has signed a final order in the underlying proceeding, relator has an adequate remedy by appeal. See TEX. FAM. CODE ANN. § 109.002(b) (West 2014); In re Moore, No. 05-14-01173-CV, 2016 WL 80205, at *6 (Tex. App.—Dallas Jan. 7, 2016, orig. proceeding) (citations omitted); 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.) (citations omitted).

The underlying case is In the Interest of H.C.C., a Child, Cause No. 68312, in the 300th District Court of Brazoria County, Texas, the Honorable K. Randall Hufstetler presiding.

In an issue in his petition, relator contends that he does not have an adequate remedy at law because portions of the electronically recorded trial court proceedings are inaudible. Relator may raise his contentions that the reporter's record is incomplete or inaccurate in an appeal from the trial court's order. See TEX. R. APP. P. 34.6(e), (f); see, e.g., Akinwamide v. Trans. Ins. Co., No. 01-15-00066-CV, 2016 WL 3662696, at *8 (Tex. App.—Houston [1st Dist.] July 7, 2016, no. pet. h.); Villagomez Invs., L.L.C. v. Magee, 294 S.W.3d 687, 689-90 (Tex. App.—Houston [1st Dist.] 2009, no pet.). --------

Accordingly, we deny the petition.

PER CURIAM Panel consists of Chief Justice Radack and Justices Jennings and Lloyd.


Summaries of

In re Clark

Court of Appeals For The First District of Texas
Sep 27, 2016
NO. 01-16-00722-CV (Tex. App. Sep. 27, 2016)
Case details for

In re Clark

Case Details

Full title:IN RE RAYMOND C. CLARK, JR., Relator

Court:Court of Appeals For The First District of Texas

Date published: Sep 27, 2016

Citations

NO. 01-16-00722-CV (Tex. App. Sep. 27, 2016)

Citing Cases

In re S.G.

We hold that S.G. has an adequate remedy because she has a right to an immediate appeal of the trial court's…