In re John Gaskey--Appeal from 73rd Judicial District Court of Bexar County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Rebecca Simmons, Justice

Delivered and Filed: August 15, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

John Gaskey has filed a petition for a writ of mandamus challenging the trial court's denial of his motion to dismiss the underlying child custody modification proceedings for lack of jurisdiction. This court has considered Gaskey's mandamus petition and the record and is of the opinion that relief should be denied. Based on the arguments and the evidence presented, the trial court could have properly concluded that it retained jurisdiction. See Tex. Fam. Code Ann. 152.202(a) (Vernon 2002); In re Forlenza, 140 S.W.3d 373, 379 (Tex. 2004) (orig. proceeding). The trial court did not abuse its discretion in denying Gaskey's motion to dismiss. Accordingly, Gaskey's petition for a writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

PER CURIAM

1. This proceeding arises out of Cause No. 2001-CI-17440, styled In the Interest of D.W.G., pending in the 73rd Judicial District Court, Bexar County, Texas, the Honorable Andy Mireles presiding. However, the challenged order was signed by the Honorable Michael Peden, presiding judge of the 285th Judicial District Court, Bexar County, Texas.