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In re Sparks

Court of Appeals of Texas, Fourth District, San Antonio
Jan 14, 2004
No. 04-03-00809-CV (Tex. App. Jan. 14, 2004)

Opinion

No. 04-03-00809-CV.

Delivered and Filed: January 14, 2004.

Original Mandamus Proceeding

This proceeding arises out of Cause No. 2000-CI-01336, styled In the Interest of A.E.S and C.E.S., Minor Children, pending in the 166th Judicial District Court, Bexar County, the Honorable Martha Tanner presiding. Although Judge Tanner is the permanent judge of the 166th District Court, relator complains of the rulings of the Honorable Andy Mireles, who signed the orders at issue in this proceeding.

Petition for Writ of Mandamus Denied.

Sitting: Alma L. LÓPEZ, Chief Justice, Paul W. GREEN, Justice, Karen ANGELINI, Justice.


MEMORANDUM OPINION


On October 27, 2003, relator filed a petition for writ of mandamus complaining of the trial court's failure to transfer a suit affecting the parent-child relationship to Guadalupe County pursuant to section 155.201 of the Texas Family Code. Tex. Fam. Code Ann. § 155.201(b) (Vernon 1996). Although transfer is mandatory if the child has resided for six months or more in a county that is not the county with continuing jurisdiction, at the time the trial court ruled on the motion to transfer in this case, the motion did not allege nor was there any evidence in the record that the children had resided in Guadalupe County for the required six months. Accordingly, the trial court had no duty to grant the motion to transfer. This court has determined that the relator is not entitled to the relief sought. The petition for writ of mandamus is denied. See Tex.R.App.P. 52.8(a). Relator shall pay all costs incurred in this proceeding.


Summaries of

In re Sparks

Court of Appeals of Texas, Fourth District, San Antonio
Jan 14, 2004
No. 04-03-00809-CV (Tex. App. Jan. 14, 2004)
Case details for

In re Sparks

Case Details

Full title:IN RE Rebecca SPARKS

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

Date published: Jan 14, 2004

Citations

No. 04-03-00809-CV (Tex. App. Jan. 14, 2004)