In re Luberta Silgero--Appeal from County Court at Law No 5 of Bexar County

Annotate this Case
CONCURRING OPINION
No. 04-07-00281-CV
IN RE Luberta SILGERO
Original Mandamus Proceeding (1)

Opinion by: Alma L. L pez, Chief Justice

 

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: April 25, 2007

 

I write separately to make clear the basic reason for denying the petition. The challenged order is a final order. Accordingly, the relator has an adequate remedy by appeal. See In re Texas Dep't of Family and Prot. Serv., 210 S.W.3d 609, 612 (Tex. 2006) (orig. proceeding) ("The issuance of mandamus by the court of appeals is improper if the trial court did not abuse its discretion or if the record fails to demonstrate the lack of an adequate remedy on appeal.").

 

Alma L. L pez, Chief Justice

 

1. This proceeding arises out of Cause No. 320,653, styled River City Care Center v. Luberta Silgero, pending in the County Court at Law No. 5, Bexar County, Texas, the Honorable Timothy F. Johnson presiding. However, the challenged order was signed by the Honorable Irene Rios, presiding judge of County Court at Law No. 10, Bexar County, Texas.

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