in Re: Yan Benjamin Wilhelm Assoun

• Court: Court of Appeals of Texas
• Decided: April 28, 2015
• Docket: 05-15-00543-CV
• Status: Published

Opinion

DENIED and Opinion Filed April 28, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00543-CV

IN RE YAN BENJAMIN WILHELM ASSOUN, Relator

Original Proceeding from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-55049-2009

MEMORANDUM OPINION Before Justices Francis, Myers, and Schenck Opinion by Justice Myers Relator filed this petition for writ of mandamus contending that the trial court’s orders

will prevent him from establishing the defense of remarriage in opposition to the attempts of real

party in interest to enforce an order for payment of spousal support. Ordinarily, to obtain

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). We conclude the relator has failed to establish a right to

relief at this time.

We deny the petition for writ of mandamus. TEX. R. APP. P. 52.8.

/Lana Myers/ LANA MYERS 150543F.P05 JUSTICE