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In re Alvarez

Court of Appeals Fifth District of Texas at Dallas
Nov 16, 2017
No. 05-17-01299-CV (Tex. App. Nov. 16, 2017)

Opinion

No. 05-17-01299-CV

11-16-2017

IN RE SONIA ALVAREZ, Relator


Original Proceeding from the 401st Judicial District Court Collin County, Texas
Trial Court Cause No. 401-55108-2016

MEMORANDUM OPINION

Before Justices Lang-Miers, Myers, and Boatright
Opinion by Justice Myers

In this original proceeding, relator seeks relief from temporary orders that abate her rights to possession and access to her children and prohibit her from any contact with the children until certain conditions are met. This Court is authorized to issue mandamus relief to correct a clear abuse of discretion for which relator has no adequate remedy by appeal. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Because temporary orders in suits affecting the parent-child relationship are not appealable, a petition for a writ of mandamus is an appropriate means to challenge them. Dancy v. Daggett, 815 S.W.2d 548, 549 (Tex. 1991); In re Winters, No. 05-08-01486-CV, 2008 WL 5177835, at *3-4 (Tex. App.—Dallas Dec. 11, 2008, orig. proceeding); In re Pensom, 126 S.W.3d 251, 257 (Tex. App.—San Antonio 2003, orig. proceeding). It is relator's burden to provide the court with a record sufficient to establish her right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); TEX. R. APP. P. 52.3(k), 52.7(a).

Based on the record before us, we conclude relator has not shown that either trial court abused its discretion by entering the orders at issue. Relator has, therefore, not shown she is entitled to the relief requested. Accordingly, we deny relator's petition for writ of mandamus. . See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought). 171299F.P05

/Lana Myers/

LANA MYERS

JUSTICE


Summaries of

In re Alvarez

Court of Appeals Fifth District of Texas at Dallas
Nov 16, 2017
No. 05-17-01299-CV (Tex. App. Nov. 16, 2017)
Case details for

In re Alvarez

Case Details

Full title:IN RE SONIA ALVAREZ, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 16, 2017

Citations

No. 05-17-01299-CV (Tex. App. Nov. 16, 2017)