In Re Frieda Wilson--Appeal from County Court at Law of Waller County
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Petition for Writ of Mandamus Denied and Memorandum Opinion filed September
22, 2011.
In The
Fourteenth Court of Appeals
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NO. 14-11-00792-CV
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IN RE FRIEDA WILSON, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
County Court at Law
Waller County, Texas
Trial Court Cause No. 10-06-20425
MEMORANDUM
OPINION
On September 14, 2011, relator filed a petition for writ of mandamus in this court.
See Tex. Gov’t Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the
petition, relator asks this court to compel the Honorable June Jackson, presiding judge of
the County Court at Law of Waller County, to set aside her ruling granting a protective
order.
.
An order granting a protective order is appealable. In re Keck, 329 S.W.3d 658,
661 (Tex. App. – Houston [14th Dist.] 2010, orig. proceeding). Section 81.009 of the
Texas Family Code provides a protective order rendered under subtitle B, as in the instant
case, may be appealed unless it is rendered against a party in a suit for dissolution of a
marriage or in a suit affecting the parent-child relationship (“SAPCR”). Tex. Fam. Code
§ 81.009 (West 2008). If either of the exceptions applies, then appeal of the protective
order must await issuance of a final, appealable order in the underlying case. Keck, 329
S.W.3d at 661. Although a SAPCR was pending at the time the application for a
protective order was filed, it was filed in a different court (the Civil District Court of
Orleans Parish in Louisiana) and with a different cause number than the protective order at
issue here. It therefore cannot be said that the protective order was issued “in” the SAPCR.
Id. Accordingly, the protective order is appealable under the Family Code.
Because relator has not established that she is entitled to mandamus relief, the
petition is denied.
PER CURIAM
Panel consists of Justices Brown, Boyce, and McCally.
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