in Re: Sonia Alvarez ( 2017 )

Denied and Opinion Filed November 16, 2017
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01299-CV
IN RE SONIA ALVAREZ, Relator
Original Proceeding from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-55108-2016
MEMORANDUM OPINION
Before Justices Lang-Miers, Myers, and Boatright
Opinion by Justice Myers
In this original proceeding, relator seeks relief from temporary orders that abate her rights
to possession and access to her children and prohibit her from any contact with the children until
certain conditions are met. This Court is authorized to issue mandamus relief to correct a clear
abuse of discretion for which relator has no adequate remedy by appeal. In re Prudential Ins.
Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Because temporary orders in suits
affecting the parent-child relationship are not appealable, a petition for a writ of mandamus is an
appropriate means to challenge them. Dancy v. Daggett, 815 S.W.2d 548, 549 (Tex. 1991); In re
Winters, No. 05–08–01486–CV, 2008 WL 5177835, at *3–4 (Tex. App.—Dallas Dec. 11, 2008,
orig. proceeding); In re Pensom, 126 S.W.3d 251, 257 (Tex. App.—San Antonio 2003, orig.
proceeding). It is relator’s burden to provide the court with a record sufficient to establish her
right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); TEX. R. APP. P. 52.3(k),
52.7(a).
Based on the record before us, we conclude relator has not shown that either trial court
abused its discretion by entering the orders at issue. Relator has, therefore, not shown she is
entitled to the relief requested. Accordingly, we deny relator’s 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).
171299F.P05 /Lana Myers/
LANA MYERS
JUSTICE
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