In Re: Ernesto Castillo v. the State of Texas

Court of Appeals of Texas·Decided March 28, 2023·No. 05-23-00055-CV·Published

Opinion

DENY and Opinion Filed March 28, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00055-CV

IN RE ERNESTO CASTILLO, Relator

Original Proceeding from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-17-17721

MEMORANDUM OPINION Before Justices Reichek, Nowell, and Miskel Opinion by Justice Miskel In his January 19, 2023 petition for writ of mandamus, relator asks us to vacate

the trial court’s contempt order in a suit affecting the parent-child relationship.

Entitlement to mandamus relief generally requires relator to demonstrate that the

trial court clearly abused its discretion and that he lacks an adequate remedy by

appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding).

After reviewing the petition and the record before us, we conclude that relator

has failed to show that the trial court abused its discretion. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

/Emily Miskel/ EMILY MISKEL JUSTICE

230055F.P05

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In Re: Ernesto Castillo v. the State of Texas, (Tex. Ct. App. 2023).

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Related

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