Opinion
14-24-00978-CV
12-27-2024
IN RE JEREMY DAVID OLUMA, Relator
Original Proceeding writ of Mandamus 387th District Court Fort Bend County, Texas Trial Court Cause No. 22-DCV-293652
Panel consists of Chief Justice Christopher, Justices Wise, and Wilson.
MEMORANDUM OPINION
PER CURIAM.
On December 20, 2024, relator Jeremy David Oluma filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Janet B. Heppard, presiding judge of the 387th District Court of Fort Bend County, to vacate a February 13, 2024 "Final Default Decree of Divorce."
To be entitled to mandamus relief, a relator generally must demonstrate that (1) the trial court clearly abused its discretion; and (2) the relator has no adequate remedy by appeal. In re Martinez, 478 S.W.3d 123, 125 (Tex. App.-Houston [14th Dist.] 2015, orig. proceeding); see In re State of Texas, 355 S.W.3d 611, 613 (Tex. 2011) (orig. proceeding). A divorce decree is a final, appealable order. Matter of Marriage of Denning & Stokes, 651 S.W.3d 60, 63 (Tex. App.-Houston [14th Dist.] 2021, no pet.). Thus, relator has adequate remedy on appeal. Further, relator's petition does not comply with the requirements of Texas Rule of Appellate Procedure 9.5(a), which states "[a]t or before the time of a document's filing, the filing party must serve a copy on all parties to the proceeding. Service on a party represented by counsel must be made on that party's lead counsel." Tex.R.App.P. 9.5(a). Relator instead seeks waiver of service on respondents.
Relator has not established that he is entitled to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus. In addition, we dismiss all pending motions as moot.