Court of Civil Appeals of Texas, 2013

in Re Karla Ruby Del Huerto, Relator

in Re Karla Ruby Del Huerto, Relator
Court of Civil Appeals of Texas · Decided February 6, 2013

in Re Karla Ruby Del Huerto, Relator

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00847-CV IN RE Karla Ruby DEL HUERTO Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: February 6, 2013 PETITION FOR WRIT OF MANDAMUS DENIED On December 21, 2012, Relator Karla Ruby Del Huerto filed a petition for writ of mandamus, complaining the trial court erred by failing to grant her motion to transfer the modification of the suit affecting the parent child relationship to Bexar County in compliance with Texas Family Code section 155.204. See TEX. FAM. CODE ANN. § 155.204 (West 2008).

However, mandamus will issue only to correct a clear abuse of discretion for which the relator has no adequate remedy at law. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004) (orig. proceeding). Based on the record before us, we cannot conclude the trial court abused its discretion. Accordingly, the petition for writ of mandamus is DENIED. TEX. R. APP. P. 52.8(a).

PER CURIAM This proceeding arises out of Cause No. 2001-CVL-000549-C3, styled In the Interest of S.R.P. and D.A.P., pending in the County Court at Law No. 2, Webb County, Texas, the Honorable Jesus Garza presiding.

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