in Re Rose M. Barnett

MEMORANDUM OPINION No. 04-05-00608-CV IN RE Rose M. BARNETT Original Mandamus Proceeding PER CURIAM Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Phylis J. Speedlin, Justice Delivered and Filed: September 7, 2005 PETITION FOR WRIT OF MANDAMUS DENIED The court has considered relator’s petition for writ of mandamus. The court is of the opinion that relief should be denied. See Day v. Day, 603 S.W.2d 213 (Tex. 1980) (court granting divorce did not have exclusive jurisdiction to consider suit to enforce judgment lien provided for in property settlement agreement entered in divorce decree); Gant v. Gant, No. 05-01-00134-CV, 2002 WL 257700, at *1 (Tex. App.—Dallas Feb. 25, 2002, no pet.) (same); Underhill v. Underhill, 614 S.W.2d 178 (Tex. Civ. App.—Houston [14th Dist.] 1981, writ ref’d n.r.e.) (court granting divorce did not have exclusive jurisdiction to consider suit brought to enforce amount due under property settlement agreement. Accordingly, relator’s petition for writ of mandamus is denied. Relator shall pay all costs incurred in this proceeding. PER CURIAM