Court of Civil Appeals of Texas, 2022

in Re David Barnes

in Re David Barnes
Court of Civil Appeals of Texas · Decided May 31, 2022

in Re David Barnes

Opinion

DENY and Opinion Filed May 31, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00287-CV IN RE DAVID BARNES, Relator Original Proceeding from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-11-11126 MEMORANDUM OPINION Before Justices Myers, Nowell, and Goldstein Opinion by Justice Myers Relator’s April 1, 2022 petition for writ of mandamus challenges the trial court’s order denying his motion for a custody evaluation. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that he lacks an adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition and the record, we conclude that relator has failed to show an abuse of discretion. See TEX. R. APP. P. 52.8(a). Accordingly, we deny the petition for writ of mandamus.

220287f.p05 /Lana Myers/ LANA MYERS JUSTICE

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