in Re: Phung Van Tran

• Court: Court of Appeals of Texas
• Decided: March 6, 2015
• Docket: 05-15-00213-CV
• Status: Published

Opinion

Deny and Opinion Filed March 6, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00213-CV

IN RE PHUNG VAN TRAN, Relator

Original Proceeding from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-51820-2014

MEMORANDUM OPINION Before Justices Lang-Miers, Brown, and Whitehill Opinion by Justice Whitehill Relator filed this petition for writ of mandamus requesting that the Court order the trial

court to vacate its August 11, 2014 temporary orders. Ordinarily, to obtain 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 failed to establish a

right to relief. We DENY the petition.

150213F.P05 /Bill Whitehill/ BILL WHITEHILL JUSTICE