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In re Larsen

Court of Appeals of Texas, Fifth District, Dallas
Nov 4, 2022
No. 05-22-01062-CV (Tex. App. Nov. 4, 2022)

Opinion

05-22-01062-CV

11-04-2022

IN RE MELISSA LARSEN, Relator


Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-04344

Before Chief Justice Burns and Justices Partida-Kipness and Smith

MEMORANDUM OPINION

ROBBIE PARTIDA-KIPNESS, JUSTICE

In this original proceeding, relator challenges the trial court's order denying relator's motion to release an abstract of judgment. Relator seeks a writ of mandamus ordering the trial court to vacate that order and either (1) render a judgment that "partially removes the Abstract of Judgment recorded by AC Square only as to the Property" or (2) "enter an order designating the Property as Relator Melissa Larsen's homestead."

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 she 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.


Summaries of

In re Larsen

Court of Appeals of Texas, Fifth District, Dallas
Nov 4, 2022
No. 05-22-01062-CV (Tex. App. Nov. 4, 2022)
Case details for

In re Larsen

Case Details

Full title:IN RE MELISSA LARSEN, Relator

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

Date published: Nov 4, 2022

Citations

No. 05-22-01062-CV (Tex. App. Nov. 4, 2022)