Supreme Court of Texas

In the context of section 263.401 of the Texas Family Code, which establishes a deadline for rendition of a final order in suits affecting the parent-child relationship, grants of parent's and great-grandmother's petitions for writ of mandamus are vacated where, although the trial court abused its discretion in failing to dismiss agency's case, the parties challenging the trial court's denial of a motion to dismiss under section 263.401 had an adequate remedy by accelerated appeal.

Appellate Information

• Decided 12/15/2006
• Published 12/15/2006

Judges

• Justice WAINWRIGHT delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice BRISTER, Justice MEDINA, Justice GREEN, Justice JOHNSON, and Justice WILLETT joined.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Ronald Earle, Travis County District Atty., C. Bryan Case Jr., Asst. District Atty., Austin, for Relator., John Joseph Hindera, Robert Gavin, Christina M. Utkov, Austin, for Real Party In Interest.