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Opinion filed June 4, 2009
In The
Eleventh Court of Appeals
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No. 11-09-00130-CV
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IN RE CYNTHIA HENRY DAVIS
Original Mandamus Proceeding
M E M O R A N D U M O P I N I O N
Relator, Cynthia Henry Davis, seeks a writ of mandamus compelling respondent, Hon. Marvin Moore, to transfer venue of the underlying suit from Midland County to Parker County under Tex. Fam. Code Ann. ' 155.201(b) (Vernon 2008). To obtain a transfer of venue under Section 155.201(b), a party must file a timely motion to transfer venue. Real party in interest, Amy Leanne Rogillio, filed a petition to modify parent-child relationship on May 24, 2006. Davis was named as the respondent in the petition. As a responding party to Rogillio=s suit, Davis was required to file a motion to transfer venue Aon or before the first Monday after the 20th day after the date of service of citation or notice of the suit.@ Tex. Fam. Code Ann. ' 155.204(b) (Vernon 2008). The record does not show that Davis met the deadline for filing a motion to transfer venue. Instead, Davis apparently did not file a motion to transfer venue until she filed a counter-petition to modify parent-child relationship on April 7, 2009. Because Davis has not demonstrated that she filed a timely motion to transfer venue, we cannot conclude that the trial court clearly abused its discretion. Therefore, we deny Davis=s request for mandamus relief.
PER CURIAM
June 4, 2009
Panel consists of: Wright, C.J.,
McCall, J., and Strange, J.