in Re Catherine Murrah Molloy ( 2019 )

Opinion issued August 29, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00621-CV
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IN RE CATHERINE MURRAH MOLLOY, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Catherine Murrah Molloy challenges the trial court’s denial of her plea to the
jurisdiction concerning the standing of paternal grandparents, Stephen A. and Juliana
Fletcher.1 We deny the petition.
1
The underlying case is In the Matter of the Marriage of Kevin Alan Fletcher and
Catherine Murrah Molloy and in the Interest of H.A.F. and C.P.F., Children, cause
number 2018-67151, pending in the 257th District Court of Harris County, Texas,
the Honorable Sandra Peak presiding.
Mulloy has not established that the trial court abused its discretion. See In re
Prudential Ins. Co., 148 S.W.3d 124, 135 (Tex. 2004) (holding that relator is entitled
to mandamus relief if relator demonstrates that trial court abused its discretion and
there is no adequate remedy by appeal); Whitworth v. Whitworth, 222 S.W.3d 616,
621–22 (Tex. App.—Houston [1st Dist.] 2007, no pet.) (holding that grandparent
had standing to intervene because she had standing to file original suit); TEX. FAM.
CODE § 102.004(a)(2) (grandparent has standing if both parents consent); In the
Interest of A.M.S., 277 S.W.3d 92, 98 (Tex. App.—Texarkana 2009, no pet.)
(holding that trial court did not err in concluding grandmother had standing because
record contained sufficient evidence that parents expressly agreed to order
appointing her as joint managing conservator, which necessarily included consent to
grandmother’s filing of suit).
Accordingly, the petition is denied. See TEX. R. APP. P. 52.8(a). Any pending
motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Kelly, Hightower, and Countiss.
2