in Re: Wallace Lane Schooler ( 2015 )

Deny and Opinion Filed May 22, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00656-CV
IN RE WALLACE LANE SCHOOLER, Relator
Original Proceeding from the 429th Judicial District Court
Collin County, Texas
Trial Court Cause No. 429-53643-2012
MEMORANDUM OPINION
Before Justices Lang, Fillmore and Evans
Opinion by Justice Evans
Relator filed a petition for writ of habeas corpus or, in the alternative, petition for writ of
mandamus requesting that the Court order relator discharged from the restraint of his liberty
imposed by the trial court’s May 15, 2015 “Order Holding Respondent in Contempt for Failure
to Pay Child Support, for Failure to Pay Medical Reimbursement, for Failure to Timely Return
the Parties’ Children as Ordered, Granting Judgment and for Commitment to County Jail,” the
trial court’s May 18, 2015 “Order for Capias,” and the trial court’s May 18, 2015 “Order to
Appear on Motion to Revoke Suspension of Commitment.” Relator contends that the trial
court’s orders were rendered in violation of his due process rights.
Because relator is not presently confined, we treat the petition as a petition for writ of
mandamus. Ordinarily, to obtain mandamus relief, a relator must show both that the trial court
has clearly abused its discretion and that the relator has no adequate appellate remedy. In re
Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). We conclude
relator has failed to establish a right to the relief requested.
We deny the petition.
150656F.P05
/David Evans/
DAVID EVANS
JUSTICE
–2–