CourtListener 10856041•In Re Scott Mitchell Obeginski v. the State of Texas
In Re Scott Mitchell Obeginski v. the State of Texas
CourtListener 10856041Txctapp94 mai 2026
Texte intégral
In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-26-00173-CV
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IN RE SCOTT MITCHELL OBEGINSKI
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Original Proceeding
284th District Court of Montgomery County, Texas
Trial Cause No. 24-11-18234
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MEMORANDUM OPINION
Scott Mitchell Obeginski filed a petition for a writ of mandamus and a motion
for temporary relief. The trial court signed a Modified Final Judgment on October
17, 2025. On December 1, 2025, Relator perfected an appeal by filing a notice of
appeal in Trial Cause Number 24-11-18234 and an active appeal has been docketed
as Appeal Number 09-25-00487-CV, Scott Mitchell Obeginski v. Codilis & Moody,
P.C., et al. Relator complains that he filed an amended motion to vacate the final
judgment on March 27, 2026, and four supplements to this motion but the trial court
has failed to rule on the motion as supplemented.
1
We may issue a writ of mandamus to remedy a clear abuse of discretion by
the trial court when the relator lacks an adequate remedy by appeal. See In re
Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding);
Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). “A trial
court clearly abuses its discretion if it reaches a decision so arbitrary and
unreasonable as to amount to a clear and prejudicial error of law.” Walker, 827
S.W.2d at 839 (internal quotations omitted). A trial court also abuses its discretion
if it fails to correctly analyze or apply the law, because a trial court has no discretion
in determining what the law is or in applying the law to the facts. See In re Prudential
Ins. Co. of Am., 148 S.W.3d at 135; Walker, 827 S.W.2d at 840.
The trial court’s plenary power to modify the judgment expired before Relator
filed the motion contained in the appendix to his mandamus petition. See Tex. R.
Civ. P. 329b(e). Relator has not invoked the trial court’s power to enforce its
judgment, as the motion seeks to void the judgment, not to enforce it. See id. 308;
Cook v. Stallcup, 170 S.W.3d 916, 920 (Tex. App.—Dallas 2005, no pet.)
(“[E]nforcement orders may not be inconsistent with the original judgment and must
not constitute a material change in substantial adjudicated portions of the
judgment.”).
2
Relator has not shown that the trial court abused its discretion. Accordingly,
we deny the petition for a writ of mandamus as supplemented, and we deny the
motion for temporary relief. See Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM
Submitted on May 1, 2026
Opinion Delivered May 4, 2026
Before Golemon, C.J., Wright and Chambers, JJ.
3
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