Court of Civil Appeals of Texas, 2025

In Re Mayra Isabel Bustamante v. the State of Texas

In Re Mayra Isabel Bustamante v. the State of Texas
Court of Civil Appeals of Texas · Decided November 13, 2025

In Re Mayra Isabel Bustamante v. the State of Texas

Opinion

Opinion issued November 13, 2025

In The Court of Appeals For The First District of Texas ———————————— NO. 01-25-00898-CV ——————————— IN RE MAYRA ISABEL BUSTAMANTE, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, Mayra Isabel Bustamante, has filed a petition for writ of mandamus challenging an order granting a bill of review.1 We deny the petition. See Patrick O’Connor & Assocs., L.P. v. Wang Inv. Networks, Inc., No. 01-12-00615-CV, 2013 WL 1451358, at *1–2 (Tex. App.—Houston [1st Dist.] Apr. 9, 2013, orig.

The underlying case is In the Matter of the Marriage of Erik Bustamante and Mayra Isabel Bustamante, cause number 24-DCV-321554, pending in the 505th District Court of Fort Bend County, Texas, the Honorable Kali Morgan presiding. proceeding) (mem. op.) (“[T]he general rule stated by both this Court and our sister court in Houston is that an interlocutory order granting a bill of review may not be reviewed by mandamus, but by appeal of the eventual final judgment in the case.”) (citing In re Moreno, 4 S.W.3d 278, 281 (Tex. App.—Houston [14th Dist.] 1999, orig. proceeding); Stettner v. Apollo Paint & Body Shop, Inc., Nos. 01–02–00667– CV & 01–02–00204–CV, 2002 WL 1586282, at *1 (Tex. App.—Houston [1st Dist.]

July 18, 2002, orig. proceeding, no pet.) (combined mandamus and appeal)); see also In re Bowe, No. 14-19-00636-CV, 2019 WL 4621062, at *1 (Tex. App.—Houston [14th Dist.] Sept. 24, 2019, orig. proceeding) (mem. op.).2 PER CURIAM Panel consists of Justices Guerra, Guiney, and Johnson.

The one exception to the general rule that the granting of a bill of review is not subject to mandamus is inapplicable because this case is not a paternity suit in which genetic testing has been ordered. See Patrick O’Connor & Assocs., 2013 WL 1451358, at *2. .

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