Wednesday, August 15, 2007

Writ of Mandamus in challenge to continuing jurisdiction denied

San Antonio Court of Appeals rules that trial court did not err in retaining jurisdiction over proceeding involving motion to modify parent-child relationship.

In re John Gaskey, No. 04-07-00433-CV (Tex.App.- San Antonio, Aug. 14, 2007)(per curiam)(family court's continuing jurisdiction)(Before Chief Justice Lopez, Justices Angelini and Simmons)
Appeal from 73rd District Court of Bexar County

Original Mandamus Proceeding (1)
Sitting: Alma L. López, Chief Justice
Karen Angelini, Justice
Rebecca Simmons, Justice
Delivered and Filed: August 15, 2007


John Gaskey has filed a petition for a writ of mandamus challenging the trial court's denial of his motion to dismiss the underlying child custody modification proceedings for lack of jurisdiction. This court has considered Gaskey's mandamus petition and the record and is of the opinion that relief should be denied. Based on the arguments and the evidence presented, the trial court could have properly concluded that it retained jurisdiction. See Tex. Fam. Code Ann. § 152.202(a) (Vernon 2002); In re Forlenza, 140 S.W.3d 373, 379 (Tex. 2004) (orig. proceeding). The trial court did not abuse its discretion in denying Gaskey's motion to dismiss. Accordingly, Gaskey's petition for a writ of mandamus is denied. See Tex. R. App. P. 52.8(a).


1. This proceeding arises out of Cause No. 2001-CI-17440, styled In the Interest of D.W.G., pending in the 73rd Judicial District Court, Bexar County, Texas, the Honorable Andy Mireles presiding. However, the challenged order was signed by the Honorable Michael Peden, presiding judge of the 285th Judicial District Court, Bexar County, Texas.

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