In re Matthiew Adrian Alirol

Summary

The Thirteenth Court of Appeals of Texas denied Matthiew Adrian Alirol’s petition for writ of mandamus challenging a trial court order granting a new trial after an agreed divorce. The court held that the order was not void and that the record did not demonstrate extraordinary circumstances making appeal inadequate, and it lifted the previously imposed stay.

Holdings

1. A relator ordinarily must show both that the trial court clearly abused its discretion and that the relator lacks an adequate remedy by appeal.
2. An order granting a new trial following a bench trial ordinarily may be reviewed adequately on appeal, absent extraordinary circumstances.
3. Alirol did not establish entitlement to mandamus relief because the new-trial order was not void and the record did not show extraordinary circumstances making appeal inadequate.

Questions Presented

1. Whether the trial court clearly abused its discretion by granting a new trial after approving the parties' agreed divorce.
2. Whether Alirol lacked an adequate remedy by appeal so as to justify mandamus relief from the new-trial order.
3. Whether the new-trial order was void or involved extraordinary circumstances warranting mandamus review.

Disposition

writ_denied