in Re: Sonia Alvarez

• Court: Court of Appeals of Texas
• Decided: November 16, 2017
• Docket: 05-17-01299-CV
• Status: Published

Opinion

Denied and Opinion Filed November 16, 2017

In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01299-CV

IN RE SONIA ALVAREZ, Relator

Original Proceeding from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-55108-2016

MEMORANDUM OPINION Before Justices Lang-Miers, Myers, and Boatright Opinion by Justice Myers In this original proceeding, relator seeks relief from temporary orders that abate her rights

to possession and access to her children and prohibit her from any contact with the children until

certain conditions are met. This Court is authorized to issue mandamus relief to correct a clear

abuse of discretion for which relator has no adequate remedy by appeal. In re Prudential Ins.

Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Because temporary orders in suits

affecting the parent-child relationship are not appealable, a petition for a writ of mandamus is an

appropriate means to challenge them. Dancy v. Daggett, 815 S.W.2d 548, 549 (Tex. 1991); In re

Winters, No. 05–08–01486–CV, 2008 WL 5177835, at *3–4 (Tex. App.—Dallas Dec. 11, 2008,

orig. proceeding); In re Pensom, 126 S.W.3d 251, 257 (Tex. App.—San Antonio 2003, orig.

proceeding). It is relator’s burden to provide the court with a record sufficient to establish her

right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); TEX. R. APP. P. 52.3(k),

52.7(a). Based on the record before us, we conclude relator has not shown that either trial court

abused its discretion by entering the orders at issue. Relator has, therefore, not shown she is

entitled to the relief requested. Accordingly, we deny relator’s petition for writ of mandamus. .

See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not

entitled to the relief sought).

171299F.P05 /Lana Myers/ LANA MYERS JUSTICE

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