In Re: John Darjean v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 28, 2024
• Docket: 05-24-00662-CV
• Status: Published

Opinion

DENIED and Opinion Filed June 28, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00662-CV

IN RE JOHN DARJEAN, Relator

Original Proceeding from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-07371

MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Kennedy Opinion by Justice Reichek Before the Court is relator’s May 31, 2024 petition for writ of mandamus.

Relator asks this Court to compel the trial court to vacate its May 15, 2024 Order

Granting Defendant Shilo Sanders’ Amended Motion for Contempt and/or Other

Appropriate Relief for Protective Order Violations.

Entitlement to mandamus relief requires relator to show that the trial court

clearly abused its discretion and that relator lacks an adequate appellate remedy. In

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

proceeding). If an order is void, however, a relator need not show it lacks an adequate

appellate remedy. In re Saving Grace #2, LLC, No. 05-23-00745-CV, 2023 WL 6783511, at *3 (Tex. App.—Dallas Oct. 13, 2023, orig. proceeding) (mem. op.).

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

has failed to demonstrate entitlement to mandamus relief.

Accordingly, we deny relator’s petition for writ of mandamus. TEX. R. APP.

P. 52.8(a).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE 240662F.P05

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