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In re Irizarry

Court of Appeals Fifth District of Texas at Dallas
May 18, 2016
No. 05-16-00555-CV (Tex. App. May. 18, 2016)

Opinion

No. 05-16-00555-CV

05-18-2016

IN RE MIRIAM IVONNE IRIZARRY, Relator


Original Proceeding from the 417th Judicial District Court Collin County, Texas
Trial Court Cause No. 417-56700-2015

MEMORANDUM OPINION

Before Justices Lang-Miers, Fillmore, and Schenck
Opinion by Justice Schenck

The petition in this case arises from a dispute over the interpretation of a custody order. In her original mandamus petition, relator, who is the child's mother, contends the trial court's temporary orders in the Suit Affecting Parent-Child Relationship impermissibly deprive her of the exclusive right to designate the child's primary residence. Ordinarily, 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). We cannot conclude that relator has demonstrated she is entitled to relief. We deny the petition for writ of mandamus. 160555F.P05

/David J. Schenck/

DAVID J. SCHENCK

JUSTICE


Summaries of

In re Irizarry

Court of Appeals Fifth District of Texas at Dallas
May 18, 2016
No. 05-16-00555-CV (Tex. App. May. 18, 2016)
Case details for

In re Irizarry

Case Details

Full title:IN RE MIRIAM IVONNE IRIZARRY, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: May 18, 2016

Citations

No. 05-16-00555-CV (Tex. App. May. 18, 2016)