Opinion
No. 04-13-00864-CV
01-08-2014
IN RE Sandra RICKS
MEMORANDUM OPINION
Original Mandamus Proceeding
This proceeding arises out of Cause No. 2013PC0060, styled Guardianship of Dorothy Sciples, An Incapacitated Person, pending in the Probate Court No. 2, Bexar County, Texas, the Honorable Tom Rickhoff presiding.
PER CURIAM Sitting: Catherine Stone, Chief Justice
Rebeca C. Martinez, Justice
Luz Elena D. Chapa, Justice
PETITION FOR WRIT OF MANDAMUS DENIED
In this mandamus proceeding, relator Sandra Ricks complains of the trial court's overruling of her objections to the court's jurisdiction to entertain a motion to enforce a Rule 11 agreement. See TEX. R. CIV. P. 11. Relator contends the trial court should have sustained her objections to the court's authority and dismissed the motion to enforce. We need not reach this issue, however, and express no opinion as to its ultimate merit. We conclude instead that relator is not entitled to mandamus relief in this instance because there is an adequate remedy by appeal.
The Supreme Court has consistently held that an appellate court lacks jurisdiction "to issue writs of mandamus to supervise or correct incidental rulings of a trial judge when there is an adequate remedy by appeal." Bell Helicopter Textron, Inc. v. Walker, 787 S.W.2d 954, 955 (Tex. 1990) (orig. proceeding). "'Such incidental rulings include . . . pleas to the jurisdiction, . . . [even if] it might logically be argued that the petitioner for the writ was entitled, as a matter of law, to the action sought to be compelled.'" Id. (quoting Abor v. Black, 695 S.W.2d 564, 566-67 (Tex. 1985)). In light of this precedent regarding challenges to the trial court's jurisdiction as incidental rulings, we are constrained to hold relator is not entitled to the relief sought. Accordingly, relator's petition for writ of mandamus is denied.