Opinion issued November 10, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00934-CV
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IN RE CELIA REAR, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Celia Rear, filed a petition for writ of mandamus on November 3,
2015, seeking to compel the respondent trial judge to vacate her oral order, made
during a hearing on February 5, 2015, denying the relator’s plea to the jurisdiction
and request for the court to decline jurisdiction in the underlying petition to modify
the parent-child relationship.1 Relator also filed a motion for emergency stay of
jury trial on November 3, 2015, seeking a stay of the pretrial conference set for
November 6, 2015, and the jury trial set for November 16, 2015, pending
resolution of her petition. On November 3, 2015, the real party in interest, Jason
Edward Minton, filed a second amended response to relator’s motion.
The Court, having examined and considered the petition and appendix,
motion, and response, is of the opinion that relator has not established herself
entitled to the mandamus relief sought. Accordingly, we deny the petition for writ
of mandamus. See TEX. R. APP. P. 52.8(a), (d). We dismiss the motion for
emergency relief as moot.
PER CURIAM
Panel consists of Justices Higley, Huddle, and Lloyd.
1
The underlying case is In the Interest of S.A.M., a Child, Cause No. 2005-04747,
pending in the 311th District Court of Harris County, Texas, the Honorable Alicia
Franklin York presiding.
2