in Re: Panagis P. Moschopoulos ( 2012 )


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  •                                    COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    '
    '               No. 08-12-00199-CV
    IN RE: PANAGIS P. MOSCHOPOULOS,                '          AN ORIGINAL PROCEEDING
    '                 IN MANDAMUS
    Relator.
    '
    '
    MEMORANDUM OPINION
    Mr. Panagis P. Moschopoulos, Relator, has filed a petition seeking mandamus relief from
    an order denying Relator’s motion for summary judgment issued by the Honorable Susan Larsen,
    Judge of the 383rd District Court, presiding by assignment. In his petition for writ of mandamus,
    Relator asserts that the trial court erred in denying summary-judgment relief because the trial
    court is without jurisdiction to alter the final property division in a divorce decree and because
    the property division set forth in the divorce decree does not constitute child-support payments or
    excess child-support payments subject to recoupment under Section 154.012 of the Texas Family
    Code. TEX. FAM. CODE ANN. § 154.012 (West 2008).
    To be entitled to mandamus relief, a relator must meet two requirements. First, the
    relator must show that the trial court clearly abused its discretion. In re Prudential Ins. Co. of
    Am., 
    148 S.W.3d 124
    , 135 (Tex. 2004). Second, the relator must demonstrate that there is no
    adequate remedy by appeal. 
    Id. at 135-36.
    Based on the petition and on the record before us, we
    conclude that Relator has not demonstrated his entitlement to mandamus relief. Accordingly, the
    petition is denied. See TEX. R. APP. P. 52.8(a).
    GUADALUPE RIVERA, Justice
    August 22, 2012
    Before McClure, C.J., Rivera, J., and Antcliff, J.
    2
    

Document Info

Docket Number: 08-12-00199-CV

Filed Date: 8/22/2012

Precedential Status: Precedential

Modified Date: 4/17/2021