Court of Civil Appeals of Texas, 2022

in Re: Quy Dao

in Re: Quy Dao
Court of Civil Appeals of Texas · Decided July 1, 2022

in Re: Quy Dao

Opinion

DENY and Opinion Filed July 1, 2022

In the Court of Appeals Fifth District of Texas at Dallas No. 05-22-00437-CV IN RE QUY DAO, Relator Original Proceeding from the County Court at Law No. 2 Kaufman County, Texas Trial Court Cause No. 107122-CC2 MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle Relator’s May 9, 2022 petition for writ of mandamus challenges the trial court’s temporary orders regarding Mother’s Day possession in the underlying suit affecting the parent-child relationship. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that she lacks an adequate appellate remedy. In re Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding)).

Based on our review of the petition and the record, we conclude that relator has failed to show a clear abuse of discretion. See TEX. R. APP. P. 52.8(a).

Accordingly, we deny the petition for writ of mandamus.

220437f.p05 /Cory L. Carlyle/ CORY L. CARLYLE JUSTICE

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