in Re Peggy Bowie ( 2008 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-08-118 CV ____________________

IN RE PEGGY BOWIE

---

Original Proceeding

---

MEMORANDUM OPINION  

Peggy Bowie filed a petition for writ of mandamus and requested a stay of all proceedings in the trial court. Bowie contends the trial court abused its discretion by conducting a contested hearing after Bowie filed a motion to transfer the probate proceeding to the county court at law. See Tex. Prob. Code Ann. § 5(c) (Vernon Supp. 2007). The trial court denied Bowie's motion to transfer, granted a motion to dismiss Bowie's claims for lack of standing, and granted letters of administration to Sharecka Bowie.

Peggy Bowie contends the trial court lacked the authority to proceed with the appointment of an estate representative in the face of a motion to transfer and argues mandamus relief is available without a showing that she has no adequate remedy by appeal. When the trial court enters an order that is void, the complaining party does not have to endure a needless trial before obtaining relief. See Buttery v. Betts, 422 S.W.2d 149, 151 (Tex. 1967). In this case, however, a discrete phase of the probate proceeding is complete and subject to regular appeal. Crowson v. Wakeham, 897 S.W.2d 779, 783 (Tex. 1995).

The Court finds relief through mandamus is not available. Accordingly, we deny the petition without deciding whether the trial court abused its discretion. We deny the relator's motion for a stay. Although requested by the real party in interest in her response to the relator's motion for a stay of the order appointing an administrator, we decline to impose sanctions.

PETITION DENIED.

PER CURIAM

Opinion Delivered April 3, 2008

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