CourtListener 10662809•In Re Michael Wayne Lowman v. the State of Texas
In Re Michael Wayne Lowman v. the State of Texas
CourtListener 10662809Txctapp928 ago 2025
Testo completo
In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-25-00288-CV
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IN RE MICHAEL WAYNE LOWMAN
__________________________________________________________________
Original Proceeding
410th District Court of Montgomery County, Texas
Trial Cause No. 23-07-10524
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MEMORANDUM OPINION
Relator Michael Wayne Lowman filed a petition for a writ of mandamus to
compel the trial court to conduct a de novo hearing on Lowman’s Motion to Vacate
Receivership. In a related mandamus proceeding, In re Lowman, No. 09-25-00153-
CV, the Real Party on Interest, Samantha Lowman, notified the Court that on July
28, 2025, the trial court held a de novo hearing on the Motion to Vacate
Receivership. On August 8, 2025, we asked the parties whether the mandamus
proceeding has been mooted by the trial court’s July 30, 2025 Order Denying Motion
to Vacate Appointment of Receivership after De Novo Hearing and on the July 30,
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2025 Order Denying Motion to Terminate or Dissolve Receivership after De Novo
Hearing.
Lowman filed an Amended Petition for Writ of Mandamus. He explains that
he was surprised by the trial court’s decision to grant his motion to reconsider and
was unprepared for the de novo hearing. He asks this Court to order the trial court
to hold another de novo hearing.
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). We
conclude the Relator has not shown that he lacks an adequate remedy by appeal.
Accordingly, we deny the petition for a writ of mandamus. See Tex. R. App. P.
52.8(a).
PETITION DENIED.
PER CURIAM
Submitted on August 27, 2025
Opinion Delivered August 28, 2025
Before Johnson, Wright and Chambers, JJ.
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