in Re Kristopher Michael Montemayor ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00213-CV
IN RE Kristopher Michael MONTEMAYOR
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Marialyn Barnard, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: April 9, 2014
PETITION FOR WRIT OF MANDAMUS DENIED
Relator filed a petition for writ of mandamus on April 1, 2014, and an amended petition on
April 3, 2014, complaining of the trial court’s denial of his request for a jury trial on a motion for
enforcement and contempt alleging non-payment of previously ordered child support. Mandamus
relief is only available if the relator establishes both that the trial court clearly abused its discretion
and relator lacks an adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d
124, 135-36 (Tex. 2004) (orig. proceeding). The court has considered relator’s petition for writ of
mandamus and is of the opinion that relator is not entitled to the relief sought. Accordingly, the
petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM
1
This proceeding arises out of Cause No. 2004-CVG-000909-C1, styled In the Interest of K.M.M. and K.M.M. Jr.,
Children, pending in the County Court at Law No. 1, Webb County, Texas, the Honorable Elma T. Salinas Ender
presiding.