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In re Montemayor

Fourth Court of Appeals San Antonio, Texas
Apr 9, 2014
No. 04-14-00213-CV (Tex. App. Apr. 9, 2014)

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


Summaries of

In re Montemayor

Fourth Court of Appeals San Antonio, Texas
Apr 9, 2014
No. 04-14-00213-CV (Tex. App. Apr. 9, 2014)
Case details for

In re Montemayor

Case Details

Full title:IN RE Kristopher Michael MONTEMAYOR

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Apr 9, 2014

Citations

No. 04-14-00213-CV (Tex. App. Apr. 9, 2014)