in Re: Timothy Gillum, Trustee of the Gillum Family Master Heritage Trust and Reef R. Gillum ( 2015 )


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  • Denied and Opinion Filed July 13, 2015.
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-14-01493-CV
    IN RE TIMOTHY GILLUM, TRUSTEE OF THE GILLUM FAMILY MASTER
    HERITAGE TRUST AND REEF R. GILLUM, Relators
    Original Proceeding from the 14th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. 12-03816
    MEMORANDUM OPINION
    Before Justices Bridges, Fillmore, and Evans
    Opinion by Justice Evans
    Relator filed this petition for writ of mandamus requesting that the Court order the trial
    court to vacate its contempt judgment. Ordinarily, to obtain mandamus relief, a relator must
    show both that the trial court has clearly abused its discretion and that relator has no adequate
    appellate remedy.      In re Prudential Ins. Co., 
    148 S.W.3d 124
    , 135–36 (Tex. 2004) (orig.
    proceeding). If a trial court’s contempt order is not void, it is not an abuse of discretion. In re
    Office of Atty. Gen., 
    422 S.W.3d 623
    , 628 (Tex. 2013) (orig. proceeding). A contempt order is
    void if it is beyond the power of the court or violates due process. 
    Id. We conclude
    the relators
    have failed to establish a right to relief.
    We deny the petition for writ of mandamus. TEX. R. APP. P. 52.8.
    /David Evans/
    DAVID EVANS
    JUSTICE
    141493F.P05
    –2–
    

Document Info

Docket Number: 05-14-01493-CV

Filed Date: 7/15/2015

Precedential Status: Precedential

Modified Date: 7/15/2015