Court of Civil Appeals of Texas, 2019

in Re Karen Beverly

in Re Karen Beverly
Court of Civil Appeals of Texas · Decided September 26, 2019

in Re Karen Beverly

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-19-00320-CV __________________ IN RE KAREN BEVERLY __________________________________________________________________ Original Proceeding County Court at Law No. 3 of Montgomery County, Texas Trial Cause No. 09-12-12166 __________________________________________________________________ MEMORANDUM OPINION Relator Karen Beverly filed a petition for writ of mandamus, in which she asks this Court to compel the trial court to vacate its order granting her former husband’s motion for reconsideration of his first amended motion or forensic custody evaluation.

Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). After reviewing the mandamus record and

petition, we conclude that the relator has not demonstrated an abuse of discretion by the trial court for which there is no adequate remedy by appeal. Accordingly, we deny the petition for writ of mandamus, and we deny the relator’s motion for temporary emergency relief.

PETITION DENIED; MOTION FOR TEMPORARY EMERGENCY RELIEF DENIED.

PER CURIAM

Submitted on September 25, 2019 Opinion Delivered September 26, 2019 Before McKeithen, C.J., Horton and Johnson, JJ.

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