in Re: Tori Thomas

• Court: Court of Appeals of Texas
• Decided: May 6, 2022
• Docket: 05-21-00917-CV
• Status: Published

Opinion

DENY and Opinion Filed May 6, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00917-CV

IN RE TORI THOMAS, Relator

Original Proceeding from the 382nd Judicial District Court Rockwall County, Texas Trial Court Cause No. 1-18-0465

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Smith Opinion by Justice Smith

Relator’s petition for writ of mandamus challenges the trial court’s

September 27, 2021 order dismissing for lack of standing relator’s petition to

modify the trial court’s prior final order appointing the Department of Family and

Protective Services conservatorship of relator’s cousins.

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

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

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

Page 1 of 2 Based on our review of relator’s petition and supporting record, we conclude

relator has demonstrated neither that the trial court clearly abused its discretion nor

that relator lacked an adequate appellate remedy. Accordingly, we deny the

petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

Having denied the petition, we also deny relator’s motion to stay as moot.

/Craig Smith/ CRAIG SMITH JUSTICE

210917F.P05

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