In re Mandy Jo Cook

Summary

The Ninth Court of Appeals of Texas denied Mandy Jo Cook’s petition for a writ of mandamus and motion for temporary relief. The court held that her challenge to the trial court’s judgment nunc pro tunc correcting a divorce decree could be addressed in her pending appeal, and that the benefits of mandamus review were outweighed by its detriments.

Holdings

1. Mandamus relief was not appropriate because Cook's challenge to the judgment nunc pro tunc could be addressed in the appeal she had already perfected.
2. The motion for temporary relief was denied.

Questions Presented

1. Whether mandamus relief was appropriate to challenge a judgment nunc pro tunc allegedly entered after expiration of the trial court's plenary power.
2. Whether Cook had an adequate remedy by appeal when she had already perfected an appeal from the judgment nunc pro tunc.
3. Whether temporary relief was warranted to prevent enforcement of the substituted decree or distribution of disputed sale proceeds.

Disposition

writ_denied