From Casetext: Smarter Legal Research

In re Branson

Court of Appeals Fifth District of Texas at Dallas
Aug 22, 2019
No. 05-19-00804-CV (Tex. App. Aug. 22, 2019)

Opinion

No. 05-19-00804-CV

08-22-2019

IN RE BLAKE BRANSON, Relator


Original Proceeding from the 417th Judicial District Court Collin County, Texas
Trial Court Cause No. 417-56453-2014

MEMORANDUM OPINION

Before Justices Bridges, Osborne, and Carlyle
Opinion by Justice Osborne

Before the Court is relator's petition for writ of mandamus in which he challenges the trial court's order awarding real party in interest interim attorney fees for a modification proceeding in a suit affecting the parent-child relationship. To be entitled to mandamus relief, relator must show that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co. of Am, 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). After reviewing the petition and mandamus record, we cannot conclude that the trial court abused its discretion because there was some evidence to support a finding that the interim fees were necessary for the safety and welfare of the child. See TEX. FAM. CODE ANN. § 105.001. Accordingly, relator has not shown he is entitled to the relief requested.

We deny relator's petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (court must deny petition if it determines relator not entitled to relief sought).

/Leslie Osborne/

LESLIE OSBORNE

JUSTICE 190804F.P05


Summaries of

In re Branson

Court of Appeals Fifth District of Texas at Dallas
Aug 22, 2019
No. 05-19-00804-CV (Tex. App. Aug. 22, 2019)
Case details for

In re Branson

Case Details

Full title:IN RE BLAKE BRANSON, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 22, 2019

Citations

No. 05-19-00804-CV (Tex. App. Aug. 22, 2019)