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In Re In the Interest of I.E.F.

The underlying suit involves competing petitions to modify a 2002 Order in Suit Affecting the Parent-Child Relationship (SAPCR). The mother filed a petition to modify the SAPCR order and a motion for a legislative continuance. The trial court denied the continuance, and April filed a petition for writ of mandamus with the appellate court. Under the Texas Civil Practice & Remedies Code §30.003(a), legislative continuances may be sought in any criminal or civil suit, including matters of probate, and to any matters ancillary to the suit that require action by or the attendance of an attorney, including appeals but excluding temporary restraining orders. If the member of the legislature is an attorney for a party, the affidavit must contain a declaration that it is the attorney's intention to participate actively in the preparation or presentation of the case and that the attorney has not taken the case for the purpose of obtaining a continuance under this section. The motion was defective because it does not contain the statutorily-required declaration. Accordingly, the petition for writ of mandamus is denied. The court also addressed the merits of the case to eliminate unnecessary grounds for contention in the event April's attorney files another motion for legislative continuance that is accompanied by an affidavit which complies with Texas Civil Practice & Remedies Code §30.003(d),(e) and Texas Rule of Civil Procedure 254: 1. Rule 254 and Civil Practice & Remedies Code §30.003 apply; and 2. because this suit has not yet been set for trial, the mother's attorney's motion for a legislative continuance was filed within the time period in which a continuance is mandatory. San Anotnio Court of Appeals, No. 04-11-00070-CV, 04-13-2011

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OPINION

Original Mandamus Proceedings*fn1

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