In Re: Samer Chammaa v. the State of Texas ( 2024 )

DENIED and Opinion Filed May 9, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00527-CV
IN RE SAMER CHAMMAA, Relator
Original Proceeding from the 468th Judicial District Court
Collin County, Texas
Trial Court Cause No. 468-55514-2023
MEMORANDUM OPINION
Before Justices Reichek, Goldstein, and Kennedy
Opinion by Justice Reichek
The case underlying this original proceeding is a divorce action involving a
minor child. In his May 5, 2024 petition for writ of mandamus, relator challenges
the trial court’s subject-matter jurisdiction under the Uniform Child Custody
Jurisdiction and Enforcement Act. Alternatively, to the extent the trial court has
subject-matter jurisdiction, relator contends that the trial court abused its discretion
by allegedly not allowing him to submit information relevant to whether the trial
court should decline to exercise jurisdiction under section 152.207 of the Texas
Family Code, by failing to abate the case due to real party in interest’s alleged failure
to meet the residency requirements to maintain a divorce action, and by ordering
relator to appear in person at a temporary orders hearing.
Entitlement to mandamus relief requires a relator to show that the trial court
clearly abused its discretion and that the relator lacks an adequate appellate remedy.
In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). After reviewing relator’s petition and the record before us, we conclude
that relator has failed to demonstrate entitlement to mandamus relief.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a). In conjunction with his petition, relator also filed an emergency motion for
temporary relief to stay all trial court proceedings. We deny the emergency motion
as moot.
Finally, relator’s petition and separately filed combined appendix and record
contain unredacted sensitive information in violation of rule 9.9, specifically
including a minor’s name and birth date. See TEX. R. APP. P. 9.9. Accordingly, we
strike relator’s petition and separately filed combined appendix and record.
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
240527F.P05
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