Opinion
No. 05-03-00250-CV.
Opinion issued March 11, 2003.
Original Proceeding from the 219th Judicial District Court, Collin County, Texas, Trial Court Cause No. 219-52184-95.
Writ of Mandamus Denied.
Before Justices WRIGHT, MOSELEY, and RICHTER.
MEMORANDUM OPINION AND ORDER
Relator contends the trial judge erred in not dismissing the underlying suit for lack of subject matter jurisdiction. The facts of this original proceeding are known to the parties so we do not recite them here. Based on the record presented, we conclude the trial judge abused his discretion in not dismissing the underlying suit for lack of subject matter jurisdiction. Accordingly, relator's petition for writ of mandamus is conditionally GRANTED. See In re Oates, 2003 WL 124846 (Tex.App.-El Paso 2003, orig. proceeding) (not yet released for publication); Tex. Fam. Code Ann. § 152.202 (Vernon 2002). The trial judge is ordered to vacate his "Memorandum of Ruling" signed February 14, 2003 and enter an order granting the motion to dismiss for lack of jurisdiction. The trial judge is ordered to file a certified copy of its order in compliance with this Court's judgment issued with this opinion within thirty (30) days of the date of this order. Should the trial judge fail to do so the writ will issue.