in Re: James Latimer ( 2014 )


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  • DENY; and Opinion Filed September 24, 2014.
    S  In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-14-01206-CV
    IN RE JAMES LATIMER, Relator
    Original Proceeding from the 219th Judicial District Court
    Collin County, Texas
    Trial Court Cause No. 296-51478-2009
    MEMORANDUM OPINION
    Before Justices O'Neill, Lang, and Brown
    Opinion by Justice Brown
    Relator filed this petition for writ of mandamus contending that the trial court abused its
    discretion in denying his motion to enforce the visitation provisions in the final order in this suit
    affecting the parent child relationship.   The facts are well-known to the parties so we do not
    recount them here. 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). Based on the
    record before us, we conclude relator has not shown that the trial court has abused its discretion.
    Walker v. Packer, 
    827 S.W.2d 833
    , 839–40 (Tex. 1992) (orig. proceeding).
    Accordingly, we DENY relator’s petition for writ of mandamus. See TEX. R. APP. P.
    52.8(a).
    /Ada Brown/
    ADA BROWN
    JUSTICE
    141206F.P05
    –2–
    

Document Info

Docket Number: 05-14-01206-CV

Filed Date: 9/24/2014

Precedential Status: Precedential

Modified Date: 10/15/2015