IN RE deFILIPPI

No. 04-07-00506-CV.

235 S.W.3d 319 (2007)

In re Christopher R. deFILIPPI.

Court of Appeals of Texas, San Antonio.

August 30, 2007.


Attorney(s) appearing for the Case

Sue M. Hall, Law Office of Sue M. Hall, San Antonio, TX, for Appellant.

Jo Chris G. Lopez, Robinson C. Ramsey, Langley & Banack, Inc., San Antonio, Martha Cigarroa De Llano, Person, Whitworth, Borchers & Morales, L.L.P., Laredo, for Appellee.

Armando X. Lopez, Shirley Hale Mathis, Law Office of Shirley Hale Mathis, P.C., Laredo, for Ad Litem.

Sitting: CATHERINE STONE, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.


OPINION

PER CURIAM.

In this original proceeding, relator Christopher R. deFilippi seeks a writ of mandamus to obtain possession of his three children after the unexpected death of their mother. The Honorable Oscar J. Hale, Jr., Judge of the 406th Judicial District Court of Webb County, denied relator's habeas corpus petition. We conclude that the trial judge had a ministerial duty to return the children to their father and therefore conditionally grant mandamus...

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