DENIED and Opinion Filed November 9, 2015.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01339-CV
IN RE SONIA ALVAREZ, Relator
Original Proceeding from the 254th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-07-16957
MEMORANDUM OPINION
Before Justices Francis, Myers, and Schenck
Opinion by Justice Myers
Relator filed this petition for writ of mandamus requesting that the Court order the trial
court to transfer venue of this case to Collin County, Texas. Relator contends transfer of venue
is mandatory because the real party in interest failed to properly contest her motion to transfer
venue. Section 155.201 of the Texas Family Code provides:
If a suit to modify or a motion to enforce an order is filed in the court having
continuing, exclusive jurisdiction of a suit, on the timely motion of a party the
court shall, within the time required by Section 155. 204, transfer the proceeding
to another county in this state if the child has resided in the other county for six
months or longer.
TEX. FAM. CODE ANN. § 155.201(b) (West 2014) (emphasis added). With exceptions not
applicable here, a motion “by a petitioner or movant is timely if it is made at the time the initial
pleadings are filed.” TEX. FAM. CODE ANN. § 155.204(b) (West 2014). “A motion to transfer by
another party is timely if it is made on or before the first Monday after the 20th day after the date
of service of citation or notice of the suit or before the commencement of the hearing, whichever
is sooner.” Id. Moreover, if a motion to modify or motion for enforcement is filed while a prior
motion to modify or motion for enforcement is pending, the trial court may transfer the case only
if the court could have transferred the proceeding at the time the first motion was filed. TEX.
FAM. CODE ANN. § 155.201(c) (West 2014).
The mandamus record demonstrates relator’s motion to transfer venue was untimely.
The trial court did not abuse its discretion in failing to grant her motion. We deny the petition
for writ of mandamus.
/Lana Myers/
LANA MYERS
151339F.P05 JUSTICE
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