in Re: Quy Dao

• Court: Court of Appeals of Texas
• Decided: July 1, 2022
• Docket: 05-22-00437-CV
• Status: Published

Opinion

DENY and Opinion Filed July 1, 2022

In the Court of Appeals Fifth District of Texas at Dallas No. 05-22-00437-CV

IN RE QUY DAO, Relator

Original Proceeding from the County Court at Law No. 2 Kaufman County, Texas Trial Court Cause No. 107122-CC2

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle Relator’s May 9, 2022 petition for writ of mandamus challenges the trial

court’s temporary orders regarding Mother’s Day possession in the underlying suit

affecting the parent-child relationship. Entitlement to mandamus relief requires

relator to show that the trial court clearly abused its discretion and that she lacks an

adequate appellate remedy. In re Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021)

(orig. proceeding) (citing In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex.

2004) (orig. proceeding)).

Based on our review of the petition and the record, we conclude that relator

has failed to show a clear abuse of discretion. See TEX. R. APP. P. 52.8(a). Accordingly, we deny the petition for writ of mandamus.

220437f.p05 /Cory L. Carlyle/ CORY L. CARLYLE JUSTICE

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