in Re Monica E. Lowe ( 2008 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-08-484 CV _____________________

IN RE MONICA E. LOWE

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Original Proceeding

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MEMORANDUM OPINION

In this mandamus proceeding, Monica Lowe challenges the temporary orders signed by the trial court in a suit to modify custody. We deny the petition.

To obtain mandamus relief, a relator must show that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004). Although mandamus may be the appropriate vehicle for challenging temporary orders entered while a motion to modify is pending in a suit affecting the parent-child relationship, relief is available only to correct a clear abuse of discretion. In re Ostrofsky  , 112 S.W.3d 925, 928 (Tex. App.--Houston [14th Dist.] 2003, orig. proceeding) (citing Dancy v. Daggett  , 815 S.W.2d 548, 548 (Tex. 1991); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992)). Generally the relator must show the trial court could have reasonably reached only one decision. Ostrofsky,   112 S.W.3d at 928 (citing Johnson v. Fourth Court of Appeals  , 700 S.W.2d 916, 918 (Tex. 1985)). On the mandamus record presented, the relator fails to establish that the trial court clearly abused its discretion. See Tex. Fam. Code Ann. §156.006 (Vernon Supp. 2008). Accordingly, we deny the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Submitted on November 24, 2008

Opinion Delivered December 11, 2008

Before McKeithen, C.J., Gaultney and Kreger, JJ.