Application for A Writ of Mandamus
Mandamus is a form of an appeal in Texas that is referred to as an extraordinary remedy to correct a court's ruling that is beyond a guiding principal of law and where there is not an adequate remedy by appeal. It is important to note that just because a mandamus isn't granted, the ruling of the Court can still be appealed.
The Texas Constitution and the Government Code confer on the courts of appeals the power to issue writs to protect their jurisdiction. TEX. CONST. art. V, § 6; TEX. GOV’T CODE § 22.221(a). Additionally, the courts of appeals may issue all writs of mandamus against a judge of a district or county court in the court of appeals district or the judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district. TEX. GOV’T CODE § 22.221(b).
The father filed an Application for a Writ of Mandamus on or about November 20, 2009 in which the father asked the Court of Appeals to reverse the Court's findings and orders of the October 22, 2009 Order signed by Judge Bonnie Hellums as a result of the Findings not being supported by evidence and orders being an abuse of the court's discretion without being based on a guiding principal of law.
Ruling from 14th Court of Appeals
On January 4, 2010, the Fourteenth Court of Appeals rendered an opinion on the father's Writ of Mandamus application. The Fourteenth Court of Appeals granted, in part, the Mandamus by ordering Judge Bonnie Hellums to delete order #3 of the October 22, 2009 order. Please see Opinion rendered by 14th Court of Appeals by clicking on the following link - Court of Appeals Opinion.
The Order was then sent back to Judge Bonnie Hellums so that she could comply with the Ruling from the Court of Appeals by amending the October 22, 2009 signed order.
DISCLAIMER: It is important for all who read the information on this website to understand that these are the OPINIONS of the father based on the evidence provided.
If you have any comments that you would like to make or issues that you would like to discuss, please go to the father's blog at the following link. Father's Blog.