in Re: Lindsey Monjure

Court of Appeals of Texas·Decided December 30, 2022·No. 05-22-01277-CV·Published

Opinion

DENY and Opinion Filed December 30, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01277-CV

IN RE LINDSEY MONJURE, Relator

Original Proceeding from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-54257-2016

MEMORANDUM OPINION Before Justices Myers, Nowell, and Goldstein Opinion by Justice Myers In this original proceeding, relator seeks a writ of mandamus compelling the

trial court to vacate as void all prior orders regarding the children. Entitlement to

mandamus relief requires relator to show that the trial court clearly abused its

discretion and that she 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 demonstrate that the trial court abused its discretion. Accordingly, we

deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Having denied

the petition, we also deny as moot relator’s emergency motion to stay the underlying proceedings.

221277f.p05 /Lana Myers// LANA MYERS JUSTICE

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Related

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