Opinion
NO. 02-18-00159-CV
05-14-2018
IN RE L.B. RELATOR
ORIGINAL PROCEEDING
TRIAL COURT NO. 231-627017-17 MEMORANDUM OPINION
See Tex. R. App. P. 47.4, 52.8(d).
Relator L.B. filed this petition for writ of mandamus asking that we command Respondent, the trial court judge below, to vacate his clarification order. Relator argues that the clarification order substantively changed her duties under the trial court's previous custody order. We deny relief.
"Mandamus will not issue where there is a 'clear and adequate remedy at law, such as a normal appeal.'" Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (quoting State v. Walker, 679 S.W.2d 484, 485 (Tex. 1984). The question of whether a clarification order substantively changes a trial court's previous order after the trial court has lost plenary power is directly appealable. In re A.C.B., 103 S.W.3d 570, 577-78 (Tex. App.—San Antonio 2003, no pet.); Lundy v. Lundy, 973 S.W.2d 687, 688-89 (Tex. App.—Tyler 1998, pet. denied).
Because relator may raise her issue in a direct appeal, she is not entitled to mandamus relief. The petition is therefore denied.
PER CURIAM PANEL: MEIER, J.; SUDDERTH, C.J.; and GABRIEL, J. DELIVERED: May 14, 2018