in Re Sandra Gonzalez ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00316-CV
In re Sandra Gonzalez
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator has filed a petition for writ of mandamus challenging the trial court’s
March 7, 2019 order voiding its dismissal of a prior order and a motion for emergency relief
seeking to stay the underlying proceedings in the trial court. However, relator has filed a
“Motion to Vacate Order Voiding Dismissal” in the trial court, upon which the trial court has not
yet ruled. See In re Coppola, 535 S.W.3d 506, 510 (Tex. 2017) (noting that right to mandamus
relief generally requires predicate request for action by respondent and respondent’s erroneous
refusal to act); In re Perritt, 992 S.W.2d 444 (Tex. 1999) (explaining that predicate-request
requirement has been relaxed on rare occasions when circumstances confirmed that “the request
would have been futile and the refusal little more than a formality” (quoting Terrazas v. Ramirez,
829 S.W2d 712, 723 (Tex. 1991)); see also Tex. R. Civ. P. 329b(f) (providing that trial court
may “sign an order declaring a previous judgment or order to be void because signed after the
court’s plenary power had expired” after its plenary power has expired). Relator has not
demonstrated that these circumstances present one of the “rare occasions” when this Court
should relax the predicate-request requirement. Accordingly, we deny the petition for writ of
mandamus and the motion for emergency relief. See Tex. R. App. P. 52.8(a); id. R. 52.10.
__________________________________________
Melissa Goodwin, Justice
Before Justices Goodwin, Baker, and Triana
Filed: June 11, 2019
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