DocketNumber: 05-21-00917-CV
Filed Date: 5/6/2022
Status: Precedential
Modified Date: 5/11/2022
DENY and Opinion Filed May 6, 2022 In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00917-CV IN RE TORI THOMAS, Relator Original Proceeding from the 382nd Judicial District Court Rockwall County, Texas Trial Court Cause No. 1-18-0465 MEMORANDUM OPINION Before Justices Molberg, Reichek, and Smith Opinion by Justice Smith Relator’s petition for writ of mandamus challenges the trial court’s September 27, 2021 order dismissing for lack of standing relator’s petition to modify the trial court’s prior final order appointing the Department of Family and Protective Services conservatorship of relator’s cousins. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that relator lacks an adequate appellate remedy. In re Prudential Ins. Co.,148 S.W.3d 124
, 135–36 (Tex. 2004) (orig. proceeding). Page 1 of 2 Based on our review of relator’s petition and supporting record, we conclude relator has demonstrated neither that the trial court clearly abused its discretion nor that relator lacked an adequate appellate remedy. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Having denied the petition, we also deny relator’s motion to stay as moot. /Craig Smith/ CRAIG SMITH JUSTICE 210917F.P05 Page 2 of 2