In Re: Santiago Martinez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 20, 2024
• Docket: 05-24-00801-CV
• Status: Published

Opinion

DENIED and Opinion Filed August 20, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00801-CV

IN RE SANTIAGO MARTINEZ, Relator

Original Proceeding from the 301st Judicial District Court Dallas County, Texas Trial Court Cause No. DF-17-18712

MEMORANDUM OPINION Before Justices Partida-Kipness, Nowell, and Miskel Opinion by Justice Partida-Kipness In his July 3, 2024 petition for writ of mandamus, relator seeks relief from the

trial court’s denial of his motion to modify temporary orders.

Entitlement to mandamus relief requires a relator to show that the trial court

clearly abused its discretion and that the relator lacks an adequate appellate remedy.

In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). After reviewing relator’s petition and the record before us, we conclude

that relator has failed to demonstrate entitlement to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a). Additionally, based on our review, relator’s petition and its attached appendix contain unredacted sensitive data—such as a minor’s full name—in

violation of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 9.9.

Accordingly, we strike relator’s petition and its attached appendix.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS 240801F.P05 JUSTICE

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