in Re: Melissa Larsen ( 2022 )


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  • Denied and Opinion Filed November 4, 2022
    S  In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-22-01062-CV
    IN RE MELISSA LARSEN, Relator
    Original Proceeding from the 101st Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DC-21-04344
    MEMORANDUM OPINION
    Before Chief Justice Burns and Justices Partida-Kipness and Smith
    Opinion by Justice Partida-Kipness
    In this original proceeding, relator challenges the trial court’s order denying
    relator’s motion to release an abstract of judgment. Relator seeks a writ of mandamus
    ordering the trial court to vacate that order and either (1) render a judgment that
    “partially removes the Abstract of Judgment recorded by AC Square only as to the
    Property” or (2) “enter an order designating the Property as Relator Melissa Larsen’s
    homestead.”
    To be entitled to 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 she is entitled to
    the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 
    827 S.W.2d 833
    ,
    839-40 (Tex. 1992) (orig. proceeding). Accordingly, we deny relator’s petition for
    writ of mandamus.
    /Robbie Partida-Kipness/
    ROBBIE PARTIDA-KIPNESS
    JUSTICE
    221062F.P05
    –2–
    

Document Info

Docket Number: 05-22-01062-CV

Filed Date: 11/4/2022

Precedential Status: Precedential

Modified Date: 11/9/2022