Opinion
No. 04-14-00213-CV
04-09-2014
IN RE Kristopher Michael MONTEMAYOR
MEMORANDUM OPINION
Original Mandamus Proceeding
This proceeding arises out of Cause No. 2004-CVG-000909-C1, styled In the Interest of K.M.M. and K.M.M. Jr., Children, pending in the County Court at Law No. 1, Webb County, Texas, the Honorable Elma T. Salinas Ender presiding.
PER CURIAM Sitting: Catherine Stone, Chief Justice
Marialyn Barnard, Justice
Luz Elena D. Chapa, Justice
PETITION FOR WRIT OF MANDAMUS DENIED
Relator filed a petition for writ of mandamus on April 1, 2014, and an amended petition on April 3, 2014, complaining of the trial court's denial of his request for a jury trial on a motion for enforcement and contempt alleging non-payment of previously ordered child support. Mandamus relief is only available if the relator establishes both that the trial court clearly abused its discretion and relator lacks an adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). The court has considered relator's petition for writ of mandamus and is of the opinion that relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM