TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00582-CV

In re Peter Edward Laurie

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator Peter Edward Laurie has filed a petition for writ of mandamus complaining of the trial court’s denial of Laurie’s motion to stay enforcement of the trial court’s August 19, 2024 child-support order pending an appeal. See Tex. R. App. P. 52.1. Laurie has also filed a motion for temporary relief, asking this Court to stay enforcement of the August 19 order while his mandamus petition is pending. See id. R. 52.10.

Mandamus relief is appropriate where the trial court clearly abuses its discretion and there is no other adequate remedy at law. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding). In both his petition and motion for temporary relief, Laurie argues that enforcing the August 19 order “while [his] appeal is pending” would cause financial hardship. If and when Laurie files a notice of appeal, Texas Rule of Appellate Procedure 24 provides a mechanism for suspending enforcement of a judgment pending appeal. Tex. R. App. P. 24.

Accordingly, Laurie has an adequate appellate remedy and mandamus is therefore not appropriate here. See Walker, 827 S.W.2d at 839.

Having reviewed the petition and the record provided, we deny the petition for writ of mandamus and dismiss as moot the motion for temporary relief. See Tex. R. App. P. 52.8(a).

__________________________________________ Gisela D. Triana, Justice Before Justices Triana, Kelly and Theofanis Filed: September 17, 2024