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In re Barnes

Court of Appeals of Texas, Fifth District, Dallas
Dec 7, 2021
No. 05-21-01042-CV (Tex. App. Dec. 7, 2021)

Opinion

05-21-01042-CV

12-07-2021

IN RE DAVID BARNES, Relator


Original Proceeding from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. DF11-11126

Before Myers, Partida-Kipness, and Carlyle, Justices.

MEMORANDUM OPINION

LANA MYERS, JUSTICE.

In his December 1, 2021 petition for writ of mandamus, relator challenges the trial court's November 17, 2021 ruling modifying his possession schedule. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that he lacks an adequate remedy by appeal. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).

Based on our review of the petition and the record, we conclude that relator has failed to show a clear abuse of discretion. Accordingly, we deny mandamus relief. See TEX. R. APP. P. 52.8(A).

Also before the court is relator's December 1, 2021 motion to seal court records. We grant the motion and direct the Clerk of the Court to place relator's December 1, 2021 petition for writ of mandamus and the accompanying mandamus record under seal.


Summaries of

In re Barnes

Court of Appeals of Texas, Fifth District, Dallas
Dec 7, 2021
No. 05-21-01042-CV (Tex. App. Dec. 7, 2021)
Case details for

In re Barnes

Case Details

Full title:IN RE DAVID BARNES, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Dec 7, 2021

Citations

No. 05-21-01042-CV (Tex. App. Dec. 7, 2021)