in Re Terry Justin Smith ( 2014 )


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  •                                      IN THE
    TENTH COURT OF APPEALS
    No. 10-14-00133-CV
    IN RE TERRY JUSTIN SMITH
    Original Proceeding
    MEMORANDUM OPINION
    Because a protective order is a final, appealable order, relator had an adequate
    remedy by appeal even if that remedy is no longer available. See TEX. FAM. CODE ANN.
    § 81.009 (West 2014); In re Tex. Dep't of Family & Protective Servs., 
    210 S.W.3d 609
    , 614
    (Tex. 2006); Walker v. Packer, 
    827 S.W.2d 833
    , 839 (Tex. 1992).1
    Accordingly relator’s Petition for writ of Mandamus is denied.
    TOM GRAY
    Chief Justice
    1Smith filed a motion for new trial but we express no opinion about whether the time in which to file a
    notice of appeal, or a motion to extend the filing thereof, has expired.
    Before Chief Justice Gray,
    Justice Davis, and
    Justice Scoggins
    Petition denied
    Opinion delivered and filed May 9, 2014
    [OT06]
    In re Smith                               Page 2
    

Document Info

Docket Number: 10-14-00133-CV

Filed Date: 5/9/2014

Precedential Status: Precedential

Modified Date: 10/16/2015