Court of Civil Appeals of Texas, 2015

in Re: Michael Gibb

in Re: Michael Gibb
Court of Civil Appeals of Texas · Decided January 28, 2015

in Re: Michael Gibb

Opinion

DENIED and Opinion Filed January 27, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00088-CV IN RE MICHAEL GIBB, Relator Original Proceeding from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-55837-2009 MEMORANDUM OPINION Before Justices Lang, Fillmore, and Brown Opinion by Justice Lang Relator requests that the Court order the trial court to vacate its order permitting real party in interest unsupervised overnight visitation with the child who is the subject of this suit affecting the parent-child relationship. 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 he is entitled to the relief requested. See Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). Accordingly, we deny relators’ petition for writ of mandamus. TEX. R. APP. P. 52.8(a).

/ Douglas S. Lang/ DOUGLAS S. LANG 150088F.P05 JUSTICE

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