in Re Abenat Abera

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00168-CV
In re Abenat Abera
ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY
MEMORANDUM OPINION
Relator has filed a petition for writ of mandamus complaining that the trial court
violated her Due Process rights by failing to provide her an opportunity to be heard before
entering new temporary orders. Having reviewed the petition and the record before us, relator
first raised her Due Process argument in a motion to vacate, which has not yet been ruled on
by the trial court. See In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding)
(per curiam) (“A party's right to mandamus relief generally requires a predicate request for some
action and a refusal of that request.”).
Accordingly, this petition for writ of mandamus is denied. See Tex. R. App. P.
52.8(a). Relator’s Motion for Emergency Hearing and Motion to Stay Temporary Orders are
also denied.
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Melissa Goodwin, Justice
Before Justices Goodwin, Triana, and Kelly
Filed: May 14, 2021