Court of Appeals of Texas, 2012

in Re Firas Hashem Issa, Relator

in Re Firas Hashem Issa, Relator
Court of Appeals of Texas · Decided December 5, 2012
in Re Firas Hashem Issa, Relator

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00591-CV IN RE Firas Hashem ISSA Original Mandamus Proceeding 1

PER CURIAM Sitting: Sandee Bryan Marion, Justice

Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: December 5, 2012 PETITION FOR WRIT OF MANDAMUS DENIED

This court’s opinion dated October 3, 2012 is withdrawn, and this opinion is issued in its place. The motion for rehearing filed by relator is denied.

On September 13, 2012, relator Firas Hashem Issa filed a petition for writ of mandamus asserting the trial court abused its discretion in (1) entering the July 31, 2012 Temporary Orders, and (2) denying relator’s Motion to Reconsider Temporary Orders.

However, mandamus will issue only to correct a clear abuse of discretion for which the relator has no adequate remedy at law. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004) (orig. proceeding). Relator has failed to establish the trial court has abused its discretion by entering the temporary orders. Accordingly, relator failed to establish that he is entitled to the mandamus relief sought and the petition for writ of mandamus is DENIED. TEX. R. APP. P. 52.8(a).

PER CURIAM

1 This proceeding arises out of Cause No. 2011-CI-01104, styled In the Interest of NMI and SEI, Children, pending in the 288th Judicial District Court, Bexar County, Texas, the Honorable Solomon J. Casseb, III presiding.

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