In re Eandre Juwon Mott

Summary

The Ninth Court of Appeals of Texas denied without prejudice Eandre Juwon Mott’s petition for a writ of mandamus seeking to compel a hearing on his petition to adjudicate parentage. The court concluded that Mott had not shown diligent pursuit of a final hearing, including because he did not establish service of process, that the case remained pending, or that he had recently requested a setting.

Holdings

1. A relator seeking mandamus must show that the trial court clearly abused its discretion and that the relator lacks an adequate appellate remedy.
2. Delay in seeking mandamus relief may waive the right to relief unless the relator justifies the delay, and a relator must demonstrate diligent pursuit of the requested final hearing.

Questions Presented

1. Whether Mott established entitlement to mandamus relief compelling the trial court to set and conduct a hearing on his petition to adjudicate parentage.
2. Whether Mott's delay and failure to demonstrate diligent pursuit of a final hearing defeated his mandamus request.

Disposition

writ_denied