In re Mary Riggins

Summary

The Fourteenth Court of Appeals of Texas denied Mary Riggins’s petition for a writ of mandamus. The court held that Riggins had an adequate remedy by appeal because the trial court had entered a final judgment and also concluded that the petition failed to comply with applicable Texas Rules of Appellate Procedure.

Holdings

1. A relator seeking mandamus must show that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal.
2. A relator has an adequate remedy by appeal when the trial court has signed and entered a final judgment in the underlying case.
3. Mandamus relief is unavailable when the relator's petition does not comply with the applicable Texas Rules of Appellate Procedure.

Questions Presented

1. Whether Riggins was entitled to mandamus relief compelling the trial court to vacate its challenged orders and enter a default judgment.
2. Whether the entry of a final judgment gave Riggins an adequate remedy by appeal.
3. Whether the petition complied with the Texas Rules of Appellate Procedure.

Disposition

writ_denied