in Re: Luke Schwinck

• Court: Court of Appeals of Texas
• Decided: May 12, 2022
• Docket: 05-22-00427-CV
• Status: Published

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

220427F.P05

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