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In re Moreau

Court of Appeals of Texas, Fifth District, Dallas
Jul 16, 2024
No. 05-24-00833-CV (Tex. App. Jul. 16, 2024)

Opinion

05-24-00833-CV

07-16-2024

IN RE SARAH MOREAU, Relator


Original Proceeding from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF18-17537

Before Justices Partida-Kipness, Nowell, and Miskel

MEMORANDUM OPINION

PARTIDA-KIPNESS, JUSTICE

Before the Court are relator's July 12, 2024 petition for writ of mandamus and motion for temporary relief. Relator challenges an associate judge's August 2, 2023 report and June 28, 2024 temporary orders appointing relator and real party in interest as temporary joint managing conservators of the parties' children and ordering that the children's residence is restricted to Dallas and Collin Counties from and after July 1, 2024.

Based on our review, relator's petition does not comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52.3(d)(3), (g), (h), (j), 52.7(a). Even if relator cured these defects, however, we reviewed relator's requested relief based on the petition and record before us. Entitlement to mandamus relief requires relator to show the trial court clearly abused its discretion and the relator lacks an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). We conclude relator failed to demonstrate entitlement to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a). We also deny relator's motion for temporary relief as moot.

Additionally, based on our review, relator's petition and its attached appendix contain unredacted sensitive data-such as a social security number and a minor's full name, birthdate, and home address-in violation of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 9.9. Accordingly, we strike relator's petition and its attached appendix.


Summaries of

In re Moreau

Court of Appeals of Texas, Fifth District, Dallas
Jul 16, 2024
No. 05-24-00833-CV (Tex. App. Jul. 16, 2024)
Case details for

In re Moreau

Case Details

Full title:IN RE SARAH MOREAU, Relator

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

Date published: Jul 16, 2024

Citations

No. 05-24-00833-CV (Tex. App. Jul. 16, 2024)