In Re M. P. v. the State of Texas ( 2024 )

Petition for Writ of Mandamus Denied and Memorandum Majority and
Dissenting Opinions filed February 15, 2024.
In The
Fourteenth Court of Appeals
NO. 14-23-00702-CV
IN RE M.P., Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
County Court at Law No. 3
Galveston County, Texas
Trial Court Cause No. 23-FD-1384
MEMORANDUM MAJORITY OPINION
On September 22, 2023, relator M.P. filed a petition for writ of mandamus in
this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the
petition, relator asks this court to compel the Honorable Emily Fisher, associate
judge of the County Court at Law No. 3 of Galveston County, to vacate her August
29, 2023 order dismissing the underlying proceeding.
Generally, to be entitled to mandamus relief, relator must establish that (1) the
trial court abused its discretion; and (2) relator has no adequate remedy by appeal.
In re Christianson Air Conditioning & Plumbing, LLC, 639 S.W.3d 671, 681 (Tex.
2022) (orig. proceeding). The trial court dismissed the case in its entirety.
Therefore, there is a final judgment and relator has an adequate remedy by appeal.
Relator has not established that she is entitled to mandamus relief.
Accordingly, we deny relator’s petition for writ of mandamus.
PER CURIAM
Panel consists of Justices Jewell, Spain, and Wilson (Spain, J., dissenting).
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