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In re Walton

Court of Appeals Fifth District of Texas at Dallas
Mar 24, 2020
No. 05-20-00024-CV (Tex. App. Mar. 24, 2020)

Opinion

No. 05-20-00024-CV

03-24-2020

IN RE JOSHUA LAPAUL WALTON, Relator


Original Proceeding from the 256th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-15-19709

MEMORANDUM OPINION ON REHEARING

Before Justices Schenck, Partida-Kipness, and Nowell
Opinion by Justice Nowell

On the Court's own motion we vacate our opinion and order of January 24, 2020. The following is now the opinion of the Court.

Before the Court is relator's January 8, 2020 petition for writ of mandamus challenging certain orders and actions by the associate judge in the underlying suit affecting the parent-child relationship. Relator's petition does not comply with the requirements for filing a petition for mandamus. See TEX. R. APP. P. 52.3. Further, entitlement to mandamus relief requires relator to show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). After reviewing the petition and mandamus record, we conclude relator has failed to show he is entitled to the relief requested.

Accordingly, we deny relator's petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

/Erin A. Nowell/

ERIN A. NOWELL

JUSTICE 200024HF.P05


Summaries of

In re Walton

Court of Appeals Fifth District of Texas at Dallas
Mar 24, 2020
No. 05-20-00024-CV (Tex. App. Mar. 24, 2020)
Case details for

In re Walton

Case Details

Full title:IN RE JOSHUA LAPAUL WALTON, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Mar 24, 2020

Citations

No. 05-20-00024-CV (Tex. App. Mar. 24, 2020)