Legal Opinion

In Re Trevino

Texas Court of Appeals, 5th District (Dallas)

Decided December 14, 2010No. 05-10-01427-CVPublished

1Opinion of the Court

OPINION

Opinion by

Justice LANG-MIERS.

Relator filed this mandamus proceeding after the trial court entered an order granting real party in interest’s motion for new trial. We conclude the trial court abused its discretion in doing so and relator has no adequate remedy by appeal. See In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex.2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex.1992) (orig. proceeding). We therefore conditionally grant the writ of mandamus.

Relator, the paternal aunt of the children in question, filed a suit affecting the parent-child relationship…

2Cases cited3 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  3. Gaines v. BaldwinCourt of Appeals of Texas · 1981

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