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In re Lopez

Fourth Court of Appeals San Antonio, Texas
Jul 24, 2019
No. 04-19-00480-CV (Tex. App. Jul. 24, 2019)

Opinion

No. 04-19-00480-CV

07-24-2019

IN RE Claudia LOPEZ


MEMORANDUM OPINION

Original Mandamus Proceeding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Irene Rios, Justice PETITION FOR WRIT OF MANDAMUS DENIED

This proceeding arises out of Cause No. 2008-CI-19681, styled In the Interest of T.H.C., a Minor, pending in the 288th Judicial District Court, Bexar County, Texas, the Honorable Cynthia Marie Chapa presiding.

On July 15, 2019, relator filed a petition for writ of mandamus complaining of the trial court's denial of her motion for new trial. Mandamus is an extraordinary remedy that will issue only to correct a clear abuse of discretion when there is no other adequate remedy at law. In re Sw. Bell Tel. Co., L.P., 235 S.W.3d 619, 623 (Tex. 2007) (orig. proceeding). The denial of a motion for new trial may be raised on appeal from final judgment. In re Magana, 14-13-00563-CV, 2013 WL 3771298, at *1 (Tex. App.—Houston [14th Dist.] July 18, 2013, orig. proceeding) (per curiam) (mem. op). Here, relator has an appeal pending in this court. Consequently, relator has an adequate remedy at law and, therefore, is not entitled to mandamus relief. See id. Accordingly, we deny the petition for writ of mandamus.

PER CURIAM


Summaries of

In re Lopez

Fourth Court of Appeals San Antonio, Texas
Jul 24, 2019
No. 04-19-00480-CV (Tex. App. Jul. 24, 2019)
Case details for

In re Lopez

Case Details

Full title:IN RE Claudia LOPEZ

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jul 24, 2019

Citations

No. 04-19-00480-CV (Tex. App. Jul. 24, 2019)