in Re: Luke Schwinck

Opinion

DENY and Opinion Filed May 12, 2022

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-22-00427-CV

IN RE LUKE SCHWINCK, Relator

Original Proceeding from the 470th Judicial District Court Collin County, Texas

Trial Court Cause No. 470-56682-2021

MEMORANDUM OPINION

Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Schenck In his May 5, 2022 petition for writ of mandamus, relator asks us to compel

the trial court to: (1) vacate various temporary orders regarding possession, conservatorship, and child support; and (2) rule on a pending motion for reconsideration. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that he lacks an adequate appellate remedy. 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 before us, we conclude that relator has failed to demonstrate an abuse of discretion. See TEX. R. APP. P. 52.8(a).

Accordingly, we deny the petition for writ of mandamus.

/David J. Schenck/

DAVID J. SCHENCK

JUSTICE

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