in Re Paul Brown and Julie Brown

CourtCourt of Appeals of Texas
DecidedAugust 9, 2021
Docket05-21-00149-CV
StatusPublished

This text of in Re Paul Brown and Julie Brown (in Re Paul Brown and Julie Brown) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
in Re Paul Brown and Julie Brown, (Tex. Ct. App. 2021).

Opinion

DENY and Opinion Filed August 9, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00149-CV

IN RE PAUL BROWN AND JULIE BROWN, Relators

Original Proceedings from the 468th Judicial District Court Collin County, Texas Trial Court Cause No. 468-54315-2020

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Smith Opinion by Justice Reichek In their March 8, 2021 petition for writ of mandamus, relators ask this Court

to compel the trial court to vacate its: (1) denial of their motion to dismiss the

underlying suit, and (2) temporary orders appointing the grandfather and aunt as

joint managing conservators. Entitlement to mandamus relief requires relators to

show that the trial court clearly abused its discretion and that they lack 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, response, reply, and the record before us,

we conclude that relators have failed to show an abuse of discretion. Accordingly, we deny the petition for writ of mandamus. We also lift the stay of trial court

proceedings issued by this Court’s April 29, 2021 order.

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

210149F.P05

–2–

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)

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in Re Paul Brown and Julie Brown, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-paul-brown-and-julie-brown-texapp-2021.