Court of Civil Appeals of Texas, 2014

in Re: James Latimer

in Re: James Latimer
Court of Civil Appeals of Texas · Decided September 24, 2014

in Re: James Latimer

Opinion

DENY; and Opinion Filed September 24, 2014.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01206-CV IN RE JAMES LATIMER, Relator Original Proceeding from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 296-51478-2009 MEMORANDUM OPINION Before Justices O'Neill, Lang, and Brown Opinion by Justice Brown Relator filed this petition for writ of mandamus contending that the trial court abused its discretion in denying his motion to enforce the visitation provisions in the final order in this suit affecting the parent child relationship. The facts are well-known to the parties so we do not recount them here. Ordinarily, to obtain mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Based on the record before us, we conclude relator has not shown that the trial court has abused its discretion.

Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding).

Accordingly, we DENY relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

/Ada Brown/ ADA BROWN JUSTICE

141206F.P05

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