From Casetext: Smarter Legal Research

In re Brown

Court of Appeals of Texas, Fifth District, Dallas
Aug 9, 2021
No. 05-21-00149-CV (Tex. App. Aug. 9, 2021)

Opinion

05-21-00149-CV

08-09-2021

IN RE PAUL BROWN AND JULIE BROWN, Relators


Original Proceedings from the 468th Judicial District Court Collin County, Texas; Trial Court Cause No. 468-54315-2020

Before Justices Molberg, Reichek, and Smith

MEMORANDUM OPINION

AMANDA L. REICHEK JUSTICE

In their March 8, 2021 petition for writ of mandamus, relators ask this Court to compel the trial court to vacate its: (1) denial of their motion to dismiss the underlying suit, and (2) temporary orders appointing the grandfather and aunt as joint managing conservators. Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that they lack an adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).

Based on our review of the petition, response, reply, and the record before us, we conclude that relators have failed to show an abuse of discretion. Accordingly, we deny the petition for writ of mandamus. We also lift the stay of trial court proceedings issued by this Court's April 29, 2021 order.


Summaries of

In re Brown

Court of Appeals of Texas, Fifth District, Dallas
Aug 9, 2021
No. 05-21-00149-CV (Tex. App. Aug. 9, 2021)
Case details for

In re Brown

Case Details

Full title:IN RE PAUL BROWN AND JULIE BROWN, Relators

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

Date published: Aug 9, 2021

Citations

No. 05-21-00149-CV (Tex. App. Aug. 9, 2021)