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In re Lowe

Court of Appeals of Texas, Ninth District, Beaumont
Dec 11, 2008
No. 09-08-484 CV (Tex. App. Dec. 11, 2008)

Opinion

No. 09-08-484 CV

Submitted on November 24, 2008.

Opinion Delivered December 11, 2008.

Original Proceeding.

Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.


MEMORANDUM OPINION


In this mandamus proceeding, Monica Lowe challenges the temporary orders signed by the trial court in a suit to modify custody. We deny the petition. To obtain mandamus relief, a relator must show that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004). Although mandamus may be the appropriate vehicle for challenging temporary orders entered while a motion to modify is pending in a suit affecting the parent-child relationship, relief is available only to correct a clear abuse of discretion. In re Ostrofsky, 112 S.W.3d 925, 928 (Tex.App.-Houston [14th Dist.] 2003, orig. proceeding) (citing Dancy v. Daggett, 815 S.W.2d 548, 548 (Tex. 1991); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992)). Generally the relator must show the trial court could have reasonably reached only one decision. Ostrofsky, 112 S.W.3d at 928 (citing Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 918 (Tex. 1985)). On the mandamus record presented, the relator fails to establish that the trial court clearly abused its discretion. See Tex. Fam. Code Ann. § 156.006 (Vernon Supp. 2008). Accordingly, we deny the petition for writ of mandamus.

PETITION DENIED.


Summaries of

In re Lowe

Court of Appeals of Texas, Ninth District, Beaumont
Dec 11, 2008
No. 09-08-484 CV (Tex. App. Dec. 11, 2008)
Case details for

In re Lowe

Case Details

Full title:IN RE MONICA E. LOWE

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Dec 11, 2008

Citations

No. 09-08-484 CV (Tex. App. Dec. 11, 2008)