in Re: Olafallart Gipon and Jennifer Gipon

Opinion

Denied and Opinion Filed January 21, 2020

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-19-01344-CV

IN RE OLAFALLART GIPON AND JENNIFER GIPON, Relators

Original Proceeding from the 304th Judicial District Court Dallas County, Texas

Trial Court Cause No. JC-17-00584

MEMORANDUM OPINION

Before Justices Myers, Molberg, and Nowell Opinion by Justice Molberg Before the Court is relator’s November 4, 2019 petition for writ of mandamus complaining

about the trial court’s dismissal of their amended motion to modify the parent-child relationship. In their petition, relators request this Court to order the trial court to return the children to relators, instruct the trial court to reinstate the case, and instruct the trial court to apply the correct law in relator’s motion to modify. To be entitled to mandamus relief, relator must show both that the trial court has clearly abused its discretion and that relators have no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition and mandamus record, we conclude relators have failed to show they are entitled to the relief requested.

Accordingly, we deny relators’ 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

2

sought).

/Ken Molberg//

KEN MOLBERG

JUSTICE

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