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 concludethe 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