Opinion
No. 10-14-00133-CV
05-09-2014
IN RE TERRY JUSTIN SMITH
Original Proceeding
MEMORANDUM OPINION
Because a protective order is a final, appealable order, relator had an adequate remedy by appeal even if that remedy is no longer available. See TEX. FAM. CODE ANN. § 81.009 (West 2014); In re Tex. Dep't of Family & Protective Servs., 210 S.W.3d 609, 614 (Tex. 2006); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992).
Smith filed a motion for new trial but we express no opinion about whether the time in which to file a notice of appeal, or a motion to extend the filing thereof, has expired.
Accordingly relator's Petition for writ of Mandamus is denied.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Petition denied
[OT06]