in Re: Blake Branson ( 2019 )


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  • DENY; and Opinion Filed August 22, 2019.
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-19-00804-CV
    IN RE BLAKE BRANSON, Relator
    Original Proceeding from the 417th Judicial District Court
    Collin County, Texas
    Trial Court Cause No. 417-56453-2014
    MEMORANDUM OPINION
    Before Justices Bridges, Osborne, and Carlyle
    Opinion by Justice Osborne
    Before the Court is relator’s petition for writ of mandamus in which he challenges the trial
    court’s order awarding real party in interest interim attorney fees for a modification proceeding in
    a suit affecting the parent-child relationship. To be entitled to mandamus relief, relator must show
    that the trial court has clearly abused its discretion and that relator has no adequate appellate
    remedy. In re Prudential Ins. Co. of Am, 
    148 S.W.3d 124
    , 135–36 (Tex. 2004) (orig. proceeding).
    After reviewing the petition and mandamus record, we cannot conclude that the trial court abused
    its discretion because there was some evidence to support a finding that the interim fees were
    necessary for the safety and welfare of the child.        See TEX. FAM. CODE ANN. § 105.001.
    Accordingly, relator has not shown he is entitled to the relief requested.
    We deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (court must
    deny petition if it determines relator not entitled to relief sought).
    /Leslie Osborne/
    LESLIE OSBORNE
    JUSTICE
    190804F.P05
    –2–
    

Document Info

Docket Number: 05-19-00804-CV

Filed Date: 8/22/2019

Precedential Status: Precedential

Modified Date: 8/26/2019