in Re David Elliott ( 2015 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00262-CV
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IN RE DAVID ELLIOTT
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Original Proceeding
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MEMORANDUM OPINION
David Elliott petitioned for a writ of mandamus compelling the 356th
District Court of Hardin County, Texas, to vacate the temporary orders signed on
June 25, 2015, in a recently-commenced divorce case. See generally Tex. Gov’t
Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. Elliott asks this
Court to compel the trial court to sign temporary orders that provide for a standard
possession order that includes summer visitation and additional “makeup
visitation” in Virginia where he resides. Elliott filed a motion requesting that this
Court award him a six-week visitation period in Virginia and additional visitation
for missed Spring visitation previously agreed to by the parties, as temporary relief
pending the determination of the merits of his mandamus petition. See generally
Tex. R. App. P. 52.10(a).
Elliott contends there is insufficient evidence in the record of the hearing on
temporary orders to rebut the presumption that a standard possession order should
be entered. See generally Tex. Fam. Code Ann. §§ 105.001(g); 153.252 (West
2014). After considering the mandamus petition and the response filed by the real
party in interest, the temporary nature of the orders at issue, and the records
submitted by the parties for review by this Court (which does not include
everything the trial court considered in reaching the decision regarding the
temporary orders at issue), we conclude that the relator has not established that the
trial court clearly abused its discretion. See Tex. Fam. Code Ann. § 153.253 (West
2014). Accordingly, we deny the petition for writ of mandamus and the motion for
temporary relief. See Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM
Submitted on July 15, 2015
Opinion Delivered July 24, 2015
Before McKeithen, C.J., Horton and Johnson, JJ.