in Re: Wallace Lane Schooler

• Court: Court of Appeals of Texas
• Decided: May 22, 2015
• Docket: 05-15-00656-CV
• Status: Published

Opinion

Deny and Opinion Filed May 22, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00656-CV

IN RE WALLACE LANE SCHOOLER, Relator

Original Proceeding from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-53643-2012

MEMORANDUM OPINION Before Justices Lang, Fillmore and Evans Opinion by Justice Evans Relator filed a petition for writ of habeas corpus or, in the alternative, petition for writ of

mandamus requesting that the Court order relator discharged from the restraint of his liberty

imposed by the trial court’s May 15, 2015 “Order Holding Respondent in Contempt for Failure

to Pay Child Support, for Failure to Pay Medical Reimbursement, for Failure to Timely Return

the Parties’ Children as Ordered, Granting Judgment and for Commitment to County Jail,” the

trial court’s May 18, 2015 “Order for Capias,” and the trial court’s May 18, 2015 “Order to

Appear on Motion to Revoke Suspension of Commitment.” Relator contends that the trial

court’s orders were rendered in violation of his due process rights.

Because relator is not presently confined, we treat the petition as a petition for writ of

mandamus. Ordinarily, to obtain mandamus relief, a relator must show both that the trial court

has clearly abused its discretion and that the relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). We conclude

relator has failed to establish a right to the relief requested.

We deny the petition.

150656F.P05 /David Evans/ DAVID EVANS JUSTICE

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