Court of Civil Appeals of Texas, 2025

In Re Texas Department of Family and Protective Services v. the State of Texas

In Re Texas Department of Family and Protective Services v. the State of Texas
Court of Civil Appeals of Texas · Decided February 19, 2025

In Re Texas Department of Family and Protective Services v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00833-CV IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Relator Original Proceeding 1 PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Lori Massey Brissette, Justice Delivered and Filed: February 19, 2025 PETITION FOR WRIT OF MANDAMUS DISMISSED On December 5, 2024, relator filed a petition for writ of mandamus. The relator’s petition asked this court to issue a writ of mandamus compelling the respondent, the Honorable Oscar J.

Hale, Jr., to enter a final order resolving a suit affecting the parent-child relationship involving two minor children. On January 1, 2025, the Honorable David E. Garcia, succeeded Judge Hale as district judge for the 406th Judicial District Court, Webb County, Texas.

On January 6, 2026, we abated this original proceeding to allow Judge Garcia to reconsider relator’s November 14, 2024 Motion to Enter Final Order. See TEX. R. APP. P. 7.2(b); In re Baylor Med. Ctr. at Garland, 280 S.W.3d 227, 228 (Tex. 2008) (orig. proceeding). On January 27, 2025,

This proceeding arises out of Cause No. 2022FLD000613D4, styled In the Interest of X.R. & M.T., Children, pending in the 406th Judicial District Court, Webb County, Texas.

04-24-00833-CV

Judge Garcia reconsidered the Department’s motion to enter a final order and signed a written Final Order In Suit Affecting the Parent-Child Relationship.

On February 4, 2025, relator filed a motion to dismiss the mandamus petition because Judge Garcia entered a final order, and the Department now “considers the issues raised in this mandamus to be resolved.”

After consideration, we GRANT the motion. Accordingly, relator’s petition for writ of mandamus is DISMISSED.

PER CURIAM

-2-

Case-law data current through December 31, 2025. Source: CourtListener bulk data.