Peacock v. Humble

Order Relator, Lisa Peacock, seeks a writ of mandamus to correct the respondent's ruling that her appeal on an associate judge's report to the respondent, the referring district court, was untimely. See Tex. Fam. Code. Ann. Section 201.015 (West 1996). The respondent determined that Peacock failed to comply with a local rule requiring her to request the referring district court to review de novo the associate judge's report no later than the third day after the associate judge gave notice to the parties of the substance of the report. At issue is what computation method a referring district court should employ when applying the three-day time limit. Concluding that under the present circumstances the referring district court did not err in applying the three-day time limit, we will deny leave to file a petition for a writ of mandamus.1. We write, however, to point out an inconsistency between a provision of the Code Construction Act and a Rule of Civil Procedure.