In re Morgan Alyse Foster

Summary

The First Court of Appeals of Texas denied Morgan Alyse Foster’s petition for writ of mandamus challenging an emergency probate-court order concerning control and disposition of the decedent’s remains. The court dismissed the related emergency motion for temporary relief as moot because the cremation had reportedly already occurred, and denied the real party in interest’s request for costs and attorney’s fees.

Holdings

1. The court denied the petition for writ of mandamus.
2. The emergency motion for temporary relief was dismissed as moot because cremation had been completed before the motion was filed.
3. The real party in interest's request for costs and attorney's fees was denied.

Questions Presented

1. Whether the court should grant mandamus relief from the probate court's order concerning control and disposition of the decedent's remains.
2. Whether the emergency motion for temporary relief was moot because cremation had already been completed.
3. Whether the real party in interest was entitled to costs and attorney's fees.

Disposition

writ_denied