In Re: Sarah Moreau v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 16, 2024
• Docket: 05-24-00833-CV
• Status: Published

Opinion

Denied and Opinion Filed July 16, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00833-CV

IN RE SARAH MOREAU, Relator

Original Proceeding from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF18-17537

MEMORANDUM OPINION Before Justices Partida-Kipness, Nowell, and Miskel Opinion by Justice Partida-Kipness Before the Court are relator’s July 12, 2024 petition for writ of mandamus and

motion for temporary relief. Relator challenges an associate judge’s August 2, 2023

report and June 28, 2024 temporary orders appointing relator and real party in

interest as temporary joint managing conservators of the parties’ children and

ordering that the children’s residence is restricted to Dallas and Collin Counties from

and after July 1, 2024.

Based on our review, relator’s petition does not comply with the Texas Rules

of Appellate Procedure. See TEX. R. APP. P. 52.3(d)(3), (g), (h), (j), 52.7(a). Even if

relator cured these defects, however, we reviewed relator’s requested relief based on the petition and record before us. Entitlement to mandamus relief requires relator to

show the trial court clearly abused its discretion and 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). We conclude relator failed to demonstrate entitlement to

mandamus relief.

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

52.8(a). We also deny relator’s motion for temporary relief as moot.

Additionally, based on our review, relator’s petition and its attached appendix

contain unredacted sensitive data—such as a social security number and a minor’s

full name, birthdate, and home address—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 240833F.P05 JUSTICE

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