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In re Heppner

Court of Appeals of Texas, Fifth District, Dallas
May 4, 2022
No. 05-21-00810-CV (Tex. App. May. 4, 2022)

Opinion

05-21-00810-CV

05-04-2022

IN RE AURELIA HEPPNER, Relator


Original Proceeding from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-17-21273

Before Justices Schenck, Nowell, and Garcia

MEMORANDUM OPINION

DAVID J. SCHENCK, JUSTICE

Relator's petition for writ of mandamus challenges the trial court's September 13, 2021 order granting real party in interest's motion for E.B. and J.B. to be interviewed in the underlying suit affecting parent-child relationship. Relator contends the trial court abused its discretion in ordering that the eighteen-year-old, J.B., be interviewed in-chambers under Family Code Section 153.009 arguing that J.B. is not a child as defined in Family Code Section 101.003 for the purposes of such interview. See Tex. Fam. Code §§ 101.003, 153.009. Relator also argues that the trial court abused its discretion in ordering that the in-chambers interview be conducted by Family Court Services.

Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that she lacks 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 relator's petition and record, real party's response, and relator's reply and supplemental record, we conclude relator has failed to demonstrate a clear abuse of discretion. Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).

We also lift the stay we ordered on September 23, 2021 as to the interviews.


Summaries of

In re Heppner

Court of Appeals of Texas, Fifth District, Dallas
May 4, 2022
No. 05-21-00810-CV (Tex. App. May. 4, 2022)
Case details for

In re Heppner

Case Details

Full title:IN RE AURELIA HEPPNER, Relator

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

Date published: May 4, 2022

Citations

No. 05-21-00810-CV (Tex. App. May. 4, 2022)