Opinion
No. 11-09-00130-CV
Opinion filed June 4, 2009.
Original Mandamus Proceeding.
Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.
MEMORANDUM OPINION
Relator, Cynthia Henry Davis, seeks a writ of mandamus compelling respondent, Hon. Marvin Moore, to transfer venue of the underlying suit from Midland County to Parker County under TEX. FAM. CODE ANN. § 155.201(b) (Vernon 2008). To obtain a transfer of venue under Section 155.201(b), a party must file a timely motion to transfer venue. Real party in interest, Amy Leanne Rogillio, filed a petition to modify parent-child relationship on May 24, 2006. Davis was named as the respondent in the petition. As a responding party to Rogillio's suit, Davis was required to file a motion to transfer venue "on or before the first Monday after the 20th day after the date of service of citation or notice of the suit." TEX. FAM. CODE ANN. § 155.204(b) (Vernon 2008). The record does not show that Davis met the deadline for filing a motion to transfer venue. Instead, Davis apparently did not file a motion to transfer venue until she filed a counter-petition to modify parent-child relationship on April 7, 2009. Because Davis has not demonstrated that she filed a timely motion to transfer venue, we cannot conclude that the trial court clearly abused its discretion. Therefore, we deny Davis's request for mandamus relief.