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In re Foster

Court of Appeals Fifth District of Texas at Dallas
Aug 15, 2016
No. 05-16-00781-CV (Tex. App. Aug. 15, 2016)

Opinion

No. 05-16-00781-CV

08-15-2016

IN RE TRAVIS FOSTER, Relator


Original Proceeding from the 305th Judicial District Court Dallas County, Texas
Trial Court Cause No. 15-00357

MEMORANDUM OPINION

Before Justices Francis, Evans, and Stoddart
Opinion by Justice Stoddart

Before the Court is relator's petition for writ of mandamus in which he seeks relief from the denial of his petition in intervention and motion for leave to intervene in a SAPCR action brought by the Texas Department of Family and Protective Services ("DFPS"). The facts and issues are well known to the parties, so we need not recount them here.

To be entitled to mandamus relief, a relator must 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). Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding).

Accordingly, we DENY relator's petition for writ of mandamus.

/Craig Stoddart/

CRAIG STODDART

JUSTICE 160781F.P05


Summaries of

In re Foster

Court of Appeals Fifth District of Texas at Dallas
Aug 15, 2016
No. 05-16-00781-CV (Tex. App. Aug. 15, 2016)
Case details for

In re Foster

Case Details

Full title:IN RE TRAVIS FOSTER, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 15, 2016

Citations

No. 05-16-00781-CV (Tex. App. Aug. 15, 2016)