In Re Pablo Angel Rendon Ojeda--Appeal from 410th District Court of Montgomery County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00279-CV _________________ IN RE PABLO à NGEL RENDà N OJEDA ________________________________________________________________________ Original Proceeding ________________________________________________________________________ MEMORANDUM OPINION Pablo à ngel Rendón Ojeda filed a petition for writ of mandamus and a motion for temporary relief. Relator seeks to compel the trial court to vacate that part of an order of March 21, 2011, which denied relator s petition for the return of a child, and an order of May 12, 2011, which set a motion for reconsideration of the petition for return of a child for a hearing on June 6, 2011. We granted relator s request to take judicial notice of the record of a previous mandamus proceeding. See In re Ojeda, No. 09-10-00446-CV, 2010 WL 4264402 (Tex. App. Beaumont Oct. 28, 2010, orig. proceeding) (mem. op.). Mandamus will issue only to correct a clear abuse of discretion when that abuse cannot be remedied by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004). After reviewing the mandamus record and petition, we conclude that the 1 relator has failed to establish an abuse of discretion by the trial court. See Id. Accordingly, we deny the petition for writ of mandamus and request for temporary relief. PETITION DENIED. PER CURIAM Opinion Delivered June 2, 2011 Before McKeithen, C.J., Kreger and Horton, JJ. 2
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