Court of Civil Appeals of Texas, 2022

in Re Amy Sue Defonce

in Re Amy Sue Defonce
Court of Civil Appeals of Texas · Decided June 29, 2022

in Re Amy Sue Defonce

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00354-CV IN RE Amy Sue DEFONCE Original Proceeding 1 PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Beth Watkins, Justice Delivered and Filed: June 29, 2022 PETITION FOR WRIT OF MANDAMUS DENIED On June 14, 2022, relator filed a petition for writ of mandamus. Relator also filed an emergency motion for temporary relief. Mandamus is an extraordinary remedy, available only when relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy by way of appeal. See Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After considering the petition and this record, this court concludes relator did not show she is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). Relator’s emergency motion for temporary relief is denied as moot.

PER CURIAM

This proceeding arises out of Cause No. 21-1978-CV-C, styled In the Interest of C.M.W., a Child, pending in the 25th Judicial District Court, Guadalupe County, Texas, the Honorable William D. Old III presiding.

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