Court of Civil Appeals of Texas, 2018

in Re: Yanika Daniels

in Re: Yanika Daniels
Court of Civil Appeals of Texas · Decided November 19, 2018

in Re: Yanika Daniels

Opinion

DENY; and Opinion Filed November 19, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01302-CV IN RE YANIKA DANIELS, Relator Original Proceeding from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-05-012682 MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Stoddart Opinion by Justice Fillmore In this original proceeding, relator seeks a writ of mandamus directing the trial court to vacate its November 21, 2016 modification order. To be entitled to 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 she is entitled to the relief requested. Accordingly, we deny relators’ petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought).

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 181302F.P05

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