IN THE TENTH COURT OF APPEALS

No. 10-14-00133-CV 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).1 Accordingly relator’s Petition for writ of Mandamus is denied.

TOM GRAY Chief Justice

1Smith 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.

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Petition denied Opinion delivered and filed May 9, 2014 [OT06]

In re Smith Page 2