Court of Appeals of Texas, 2021

in Re Scott and Tana Kehoe

in Re Scott and Tana Kehoe
Court of Appeals of Texas · Decided January 13, 2021
in Re Scott and Tana Kehoe

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00004-CV

IN RE Scott KEHOE and Tana Kehoe, Relators Original Mandamus Proceeding 1 PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice

Luz Elena D. Chapa, Justice

Beth Watkins, Justice

Delivered and Filed: January 13, 2021

PETITION FOR WRIT OF MANDAMUS DENIED

Relators have filed a petition for writ of mandamus and motion for temporary relief. We have the power to issue writs of mandamus, but only when “agreeable to the principles of law regulating those writs.” TEX. GOV’T CODE § 22.221(b). For mandamus, a relator has the burden to file a petition and record showing “the trial court abused its discretion and that no adequate appellate remedy exists” In re H.E.B. Grocery Co., L.P., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam). Having reviewed the petition and documents included in the appendix, we conclude relators have not satisfied their burden. Accordingly, we deny the petition and motion for temporary relief. See TEX. R. APP. P. 52.8(a).

PER CURIAM

1 This proceeding arises out of Cause No. 15-089, styled Richard Wagner, et al., v. Kehoe, Tanita Faye, et al., pending in the 451st Judicial District Court, Kendall County, Texas, the Honorable Kirsten Cohoon presiding.

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