in Re: Melissa Larsen

• Court: Court of Appeals of Texas
• Decided: November 4, 2022
• Docket: 05-22-01062-CV
• Status: Published

Opinion

Denied and Opinion Filed November 4, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01062-CV

IN RE MELISSA LARSEN, Relator

Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-04344

MEMORANDUM OPINION Before Chief Justice Burns and Justices Partida-Kipness and Smith Opinion by Justice Partida-Kipness In this original proceeding, relator challenges the trial court’s order denying

relator’s motion to release an abstract of judgment. Relator seeks a writ of mandamus

ordering the trial court to vacate that order and either (1) render a judgment that

“partially removes the Abstract of Judgment recorded by AC Square only as to the

Property” or (2) “enter an order designating the Property as Relator Melissa Larsen’s

homestead.”

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).

Based on the record before us, we conclude relator has not shown she is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833,

839-40 (Tex. 1992) (orig. proceeding). Accordingly, we deny relator’s petition for

writ of mandamus.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

221062F.P05

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