in Re: Olafallart Gipon and Jennifer Gipon ( 2020 )


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  • Denied and Opinion Filed January 21, 2020
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-19-01344-CV
    IN RE OLAFALLART GIPON AND JENNIFER GIPON, Relators
    Original Proceeding from the 304th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. JC-17-00584
    MEMORANDUM OPINION
    Before Justices Myers, Molberg, and Nowell
    Opinion by Justice Molberg
    Before the Court is relator’s November 4, 2019 petition for writ of mandamus complaining
    about the trial court’s dismissal of their amended motion to modify the parent-child relationship.
    In their petition, relators request this Court to order the trial court to return the children to relators,
    instruct the trial court to reinstate the case, and instruct the trial court to apply the correct law in
    relator’s motion to modify. To be entitled to mandamus relief, relator must show both that the trial
    court has clearly abused its discretion and that relators have no adequate appellate remedy. In re
    Prudential Ins. Co., 
    148 S.W.3d 124
    , 135–36 (Tex. 2004) (orig. proceeding). After reviewing the
    petition and mandamus record, we conclude relators have failed to show they are entitled to the
    relief requested.
    Accordingly, we deny relators’ petition for writ of mandamus. See TEX. R. APP. P. 52.8(a)
    (the court must deny the petition if the court determines relator is not entitled to the relief
    sought).
    /Ken Molberg//
    KEN MOLBERG
    JUSTICE
    191344f.p05
    –2–
    

Document Info

Docket Number: 05-19-01344-CV

Filed Date: 1/21/2020

Precedential Status: Precedential

Modified Date: 1/23/2020