in Re: Aurelia Heppner

DENY Opinion Filed May 4, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00810-CV
IN RE AURELIA HEPPNER, Relator
Original Proceeding from the 330th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-17-21273
MEMORANDUM OPINION
Before Justices Schenck, Nowell, and Garcia
Opinion by Justice Schenck
Relator’s petition for writ of mandamus challenges the trial court’s
September 13, 2021 order granting real party in interest’s motion for E.B. and J.B.
to be interviewed in the underlying suit affecting parent-child relationship. Relator
contends the trial court abused its discretion in ordering that the eighteen-year-old,
J.B., be interviewed in-chambers under Family Code Section 153.009 arguing that
J.B. is not a child as defined in Family Code Section 101.003 for the purposes of
such interview. See TEX. FAM. CODE §§ 101.003, 153.009. Relator also argues
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that the trial court abused its discretion in ordering that the in-chambers interview
be conducted by Family Court Services.
Entitlement to mandamus relief requires relator to show that the trial court
clearly abused its discretion and that she lacks an adequate appellate remedy. In re
Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).
Based on our review of relator’s petition and record, real party’s response,
and relator’s reply and supplemental record, we conclude relator has failed to
demonstrate a clear abuse of discretion. Accordingly, we deny the petition for writ
of mandamus. See TEX. R. APP. P. 52.8(a).
We also lift the stay we ordered on September 23, 2021 as to the interviews.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
210810F.P05
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