Court of Civil Appeals of Texas, 2014

in Re: Anthony Hugh Tuck, Jr.

in Re: Anthony Hugh Tuck, Jr.
Court of Civil Appeals of Texas · Decided September 3, 2014

in Re: Anthony Hugh Tuck, Jr.

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ' ' No. 08-14-00238-CV IN RE: ANTHONY HUGH TUCK, JR., ' AN ORIGINAL PROCEEDING Relator. ' IN MANDAMUS ' MEMORANDUM OPINION Relator, Anthony Hugh Tuck, Jr., has filed a petition for writ of mandamus against the Honorable Martin Muncy, Judge of the 109th District Court of Andrews County, to set aside an order holding him in contempt for failure to pay contractual alimony and to obtain life insurance.

The petition for writ of mandamus is denied.

To be entitled to mandamus relief, a relator must meet two requirements. First, the relator must show that the trial court clearly abused its discretion. In re Prudential Insurance Company of America, 148 S.W.3d 124, 135 (Tex. 2004). Second, the relator must demonstrate that there is no adequate remedy by appeal. Id. at 136. We conclude that Relator has failed to establish he is entitled to mandamus relief.

September 3, 2014 ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rivera, and Rodriguez, JJ. (Rivera, J., not participating)

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