In re Scott Mitchell Obeginski

Summary

The Ninth Court of Appeals of Texas at Beaumont denied Scott Mitchell Obeginski’s petition for a writ of mandamus and motion for temporary relief. The court held that the trial court’s plenary power to modify the judgment had expired, the motion sought to void rather than enforce the judgment, and Relator had not shown a clear abuse of discretion.

Holdings

1. Mandamus relief was not warranted because Relator did not show that the trial court abused its discretion.
2. The motion for temporary relief was denied.

Questions Presented

1. Whether the trial court clearly abused its discretion by failing to rule on Obeginski's amended motion to vacate the Modified Final Judgment and its supplements.
2. Whether mandamus relief and temporary relief were available where the trial court's plenary power to modify the judgment had expired and the motion did not invoke the trial court's judgment-enforcement power.

Disposition

writ_denied