in Re: Amy Hagen

Court of Appeals of Texas·Decided January 31, 2022·No. 05-21-00528-CV·Published

Opinion

Denied and Opinion Filed January 31, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00528-CV

IN RE AMY HAGEN, Relator

Original Proceeding from the 469th Judicial District Court Collin County, Texas Trial Court Cause No. 469-54042-2016

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Smith Opinion by Justice Molberg In this original proceeding, relator challenges the trial court’s orders granting

Father’s application for a writ of habeas corpus under Chapter 157 of the Texas

Family Code for the return of the child. See TEX. FAM. CODE §§ 157.371-.376.

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

Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

After reviewing the petition for writ of mandamus, real party in interest’s

response, relator’s reply, and the record, we conclude that relator has failed to show her entitlement to the relief requested. See TEX. R. APP. P. 52.8(a). Accordingly, we

deny the petition.

210528f.p05 /Ken Molberg/ KEN MOLBERG JUSTICE

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)