Court of Civil Appeals of Texas, 2015

in Re: Yan Benjamin Wilhelm Assoun

in Re: Yan Benjamin Wilhelm Assoun
Court of Civil Appeals of Texas · Decided April 28, 2015

in Re: Yan Benjamin Wilhelm Assoun

Opinion

DENIED and Opinion Filed April 28, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00543-CV IN RE YAN BENJAMIN WILHELM ASSOUN, Relator Original Proceeding from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-55049-2009 MEMORANDUM OPINION Before Justices Francis, Myers, and Schenck Opinion by Justice Myers Relator filed this petition for writ of mandamus contending that the trial court’s orders will prevent him from establishing the defense of remarriage in opposition to the attempts of real party in interest to enforce an order for payment of spousal support. 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). We conclude the relator has failed to establish a right to relief at this time.

We deny the petition for writ of mandamus. TEX. R. APP. P. 52.8.

/Lana Myers/ LANA MYERS 150543F.P05 JUSTICE

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