in Re S.D.

Court: Court of Appeals of Texas
Date filed: 2017-08-03
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                                       In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                              _________________
                               NO. 09-17-00233-CV
                              _________________

                                     IN RE S.D.

________________________________________________________________________

                              Original Proceeding
              418th District Court of Montgomery County, Texas
                       Trial Cause No. 16-06-06557-CV
________________________________________________________________________

                           MEMORANDUM OPINION

       Relator, S.D., petitioned to compel the Judge of the 418th District Court of

Montgomery County, Texas, to set a hearing on pending motions and render a

decision regarding access and possession in a suit involving a child in the care of the

Texas Department of Family and Protective Services. Mandamus relief is proper to

correct a clear abuse of discretion when there is no adequate remedy by appeal. In

re Dep’t of Family & Protective Servs., 273 S.W.3d 637, 643 (Tex. 2009). After

reviewing the petition and the responses of the real parties in interest, we conclude




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that Relator has not shown that she is entitled to mandamus relief. Accordingly, the

petition for writ of mandamus is denied.

      PETITION DENIED.

                                                   PER CURIAM

Submitted on July 14, 2017
Opinion Delivered August 3, 2017

Before McKeithen, C.J., Kreger and Horton, JJ.




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