in Re: Travis Foster

• Court: Court of Appeals of Texas
• Decided: August 15, 2016
• Docket: 05-16-00781-CV
• Status: Published

Opinion

DENY; and Opinion Filed August 15, 2016.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00781-CV

IN RE TRAVIS FOSTER, Relator

Original Proceeding from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. 15-00357

MEMORANDUM OPINION Before Justices Francis, Evans, and Stoddart Opinion by Justice Stoddart

Before the Court is relator’s petition for writ of mandamus in which he seeks relief from

the denial of his petition in intervention and motion for leave to intervene in a SAPCR action

brought by the Texas Department of Family and Protective Services (“DFPS”). The facts and

issues are well known to the parties, so we need not recount them here.

To be entitled to mandamus relief, a relator must show both that the trial court has clearly

abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co.,

148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Based on the record before us, we

conclude relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a);

Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we DENY relator’s petition for writ of mandamus.

/Craig Stoddart/ CRAIG STODDART JUSTICE

160781F.P05

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