in Re: Kyle Chron ( 2021 )


Menu:
  • Deny and Opinion Filed October 21, 2021
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-21-00899-CV
    IN RE KYLE CHRON, Relator
    Original Proceeding from the 219th Judicial District Court
    Collin County, Texas
    Trial Court Cause No. 219-05269-2021
    MEMORANDUM OPINION
    Before Justices Molberg, Reichek, Smith
    Opinion by Justice Reichek
    In his October 18, 2021 petition for writ of mandamus, relator challenges the
    trial court’s October 6, 2021 Ex Parte Temporary Restraining Order and Order
    Setting Hearing and its October 6, 2021 Amended Order Extending Temporary
    Restraining Order and Setting Hearing.
    Based on our review of the petition and attached documents, we conclude that
    relator has failed to demonstrate that he sought relief in the trial court for the alleged
    abuse of discretion before bringing his petition for writ of mandamus before this
    court. Accordingly, we deny the petition for writ of mandamus without prejudice to
    refiling a petition with a record that reflects that the predicate request requirement
    has been met. See In re Coppola, 
    535 S.W.3d 506
    , 50 (Tex. 2017) (orig. proceeding)
    (due to extraordinary nature of remedy, mandamus relief generally requires
    predicate request for action by respondent, and respondent’s erroneous refusal to
    act). Accordingly, we deny the motion to stay as moot.
    /Amanda L. Reichek/
    AMANDA L. REICHEK
    JUSTICE
    210899F.P05
    –2–
    

Document Info

Docket Number: 05-21-00899-CV

Filed Date: 10/21/2021

Precedential Status: Precedential

Modified Date: 10/27/2021