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In re McGarraugh

Court of Appeals of Texas, Fourth District, San Antonio
Aug 3, 2022
No. 04-22-00342-CV (Tex. App. Aug. 3, 2022)

Opinion

04-22-00342-CV

08-03-2022

IN RE Elizabeth Ann MCGARRAUGH


Original Proceeding

This proceeding arises out of Cause No. 2020CI01792, styled In the Interest of A.K.M. and G.M.M., pending in the 285th Judicial District Court, Bexar County, Texas, the Honorable Tina Torres presiding.

Sitting: Rebeca C. Martinez, Chief Justice, Luz Elena D. Chapa, Justice, Lori I. Valenzuela, Justice

MEMORANDUM OPINION

PER CURIAM.

On June 10, 2022, relator filed a petition for writ of mandamus. Relator also filed a motion for stay of the underlying proceedings pending final resolution of the petition for writ of mandamus, which this court granted on June 14, 2022. Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy by way of appeal. See Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After considering the petition, the record, and real party in interest's response, this court concludes relator did not show she is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a). The stay imposed on June 14, 2022 is lifted.


Summaries of

In re McGarraugh

Court of Appeals of Texas, Fourth District, San Antonio
Aug 3, 2022
No. 04-22-00342-CV (Tex. App. Aug. 3, 2022)
Case details for

In re McGarraugh

Case Details

Full title:IN RE Elizabeth Ann MCGARRAUGH

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Aug 3, 2022

Citations

No. 04-22-00342-CV (Tex. App. Aug. 3, 2022)