in Re Michael David Bellow Jr. ( 2017 )


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  •                                        In The
    Court of Appeals
    Ninth District of Texas at Beaumont
    _________________
    NO. 09-17-00422-CV
    _________________
    IN RE MICHAEL DAVID BELLOW JR.
    ________________________________________________________________________
    Original Proceeding
    356th District Court of Hardin County, Texas
    Trial Cause No. 54996
    ________________________________________________________________________
    MEMORANDUM OPINION
    Michael David Bellow Jr. petitioned for a writ of mandamus to compel the
    trial court to vacate a sanctions order that was signed two days after the trial court
    signed a decree of divorce. To be entitled to mandamus relief, the relator must
    establish that the trial court committed a clear abuse of discretion and that no
    adequate remedy by appeal is available. In re Prudential Ins. Co. of Am., 
    148 S.W.3d 124
    , 135-36 (Tex. 2004); Walker v. Packer, 
    827 S.W.2d 833
    , 839 (Tex. 1992). Here,
    Bellow has not met his burden to show that the sanctions order is void, or to show
    1
    that his complaints regarding the order cannot be addressed in an appeal.
    Accordingly, we deny the mandamus petition.
    PETITION DENIED.
    PER CURIAM
    Submitted on November 21, 2017
    Opinion Delivered November 22, 2017
    Before McKeithen, C.J., Kreger and Horton, JJ.
    2
    

Document Info

Docket Number: 09-17-00422-CV

Filed Date: 11/22/2017

Precedential Status: Precedential

Modified Date: 4/17/2021