From Casetext: Smarter Legal Research

In re Gillum

Court of Appeals Fifth District of Texas at Dallas
Jul 13, 2015
No. 05-14-01493-CV (Tex. App. Jul. 13, 2015)

Opinion

No. 05-14-01493-CV

07-13-2015

IN RE TIMOTHY GILLUM, TRUSTEE OF THE GILLUM FAMILY MASTER HERITAGE TRUST AND REEF R. GILLUM, Relators


Original Proceeding from the 14th Judicial District Court Dallas County, Texas
Trial Court Cause No. 12-03816

MEMORANDUM OPINION

Before Justices Bridges, Fillmore, and Evans
Opinion by Justice Evans

Relator filed this petition for writ of mandamus requesting that the Court order the trial court to vacate its contempt judgment. Ordinarily, to obtain 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). If a trial court's contempt order is not void, it is not an abuse of discretion. In re Office of Atty. Gen., 422 S.W.3d 623, 628 (Tex. 2013) (orig. proceeding). A contempt order is void if it is beyond the power of the court or violates due process. Id. We conclude the relators have failed to establish a right to relief.

We deny the petition for writ of mandamus. TEX. R. APP. P. 52.8.

/David Evans/

DAVID EVANS

JUSTICE
141493F.P05


Summaries of

In re Gillum

Court of Appeals Fifth District of Texas at Dallas
Jul 13, 2015
No. 05-14-01493-CV (Tex. App. Jul. 13, 2015)
Case details for

In re Gillum

Case Details

Full title:IN RE TIMOTHY GILLUM, TRUSTEE OF THE GILLUM FAMILY MASTER HERITAGE TRUST…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 13, 2015

Citations

No. 05-14-01493-CV (Tex. App. Jul. 13, 2015)