In re Debra Louise Barnes f/k/a Debra Louise Garbett--Appeal from 285th Judicial District Court of Bexar County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Sandee Bryan Marion, Justice

Rebecca Simmons, Justice

Delivered and Filed: December 17, 2007

PETITION FOR WRIT OF MANDAMUS AND WRIT OF PROHIBITION DENIED

On December 13, 2007, Debra Louise Barnes filed a petition for a writ of mandamus and a writ of prohibition complaining of the trial court's denial of her motion to abate a suit filed in the 285th District Court of Bexar County, Texas. Barnes urges this court to compel the trial court to abate the suit in the 285th District Court because a matter involving the same parties is pending in the 224th District Court of Bexar County, Texas. Barnes asserts the matters are inherently interrelated and the 224th District Court has dominant jurisdiction.

As a general rule, mandamus will not issue to address incidental trial court rulings, such as abatement orders. Abor v. Black, 695 S.W.2d 564, 567 (Tex. 1985);Texas Commerce Bank, N.A. v. Prohl, 824 S.W.2d 228, 229-230 (Tex. App.--San Antonio 1992, orig. proceeding). The exception is when one court actively interferes with another court's jurisdiction. In re SWEPI, L.P., 85 S.W.3d 800, 809 (Tex. 2002); Hall v. Lawlis, 907 S.W.2d 493, 494 (Tex. 1995). Here, the record shows both cases are set for hearing on December 18, 2007 in the same court, the Bexar County presiding district court. There is no order showing one court actively interfering with another court's jurisdiction. Accordingly, the petition is denied.

PER CURIAM

1. This proceeding arises out of Cause No. 2007-CI-16137, styled James Garbett v. Debra Garbett, pending in the 285th Judicial District Court, Bexar County, Texas, the Honorable Michael Peden presiding.