in Re: Mark Steven McAndrews

• Court: Court of Appeals of Texas
• Decided: November 28, 2018
• Docket: 05-18-01192-CV
• Status: Published

Opinion

DENY; and Opinion Filed November 28, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01192-CV

IN RE MARK STEVEN MCANDREWS, Relator

Original Proceeding from the 59th Judicial District Court Grayson County, Texas Trial Court Cause No. FA-18-0614

MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Stoddart Opinion by Justice Fillmore In the underlying suit affecting the parent-child relationship, the maternal grandparents of

relator’s children sought possession and access to the children. In this original proceeding, relator

seeks a writ of mandamus directing the trial court to vacate the trial court’s October 2, 2018 order

granting possession of and access of relator’s children to the maternal grandparents and dismiss

the underlying case. We deny the petition.

To be entitled to mandamus relief, a relator must show both that the trial court has clearly

abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co.,

148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). The October 2, 2018 order at issue here

disposes of all parties and all claims and is, therefore, final and appealable. See Lehmann v. Har–

Con Corp., 39 S.W.3d 191, 192 (Tex. 2001). Relator, therefore, has an adequate remedy by appeal.

Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought).

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

181192F.P05

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