CourtListener 10012639•In Re: Sarah Moreau v. the State of Texas
Full text
Denied and Opinion Filed July 16, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00833-CV
IN RE SARAH MOREAU, Relator
Original Proceeding from the 303rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF18-17537
MEMORANDUM OPINION
Before Justices Partida-Kipness, Nowell, and Miskel
Opinion by Justice Partida-Kipness
Before the Court are relator’s July 12, 2024 petition for writ of mandamus and
motion for temporary relief. Relator challenges an associate judge’s August 2, 2023
report and June 28, 2024 temporary orders appointing relator and real party in
interest as temporary joint managing conservators of the parties’ children and
ordering that the children’s residence is restricted to Dallas and Collin Counties from
and after July 1, 2024.
Based on our review, relator’s petition does not comply with the Texas Rules
of Appellate Procedure. See TEX. R. APP. P. 52.3(d)(3), (g), (h), (j), 52.7(a). Even if
relator cured these defects, however, we reviewed relator’s requested relief based on
the petition and record before us. Entitlement to mandamus relief requires relator to
show the trial court clearly abused its discretion and the relator lacks an adequate
appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex.
2004) (orig. proceeding). We conclude relator failed to demonstrate entitlement to
mandamus relief.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a). We also deny relator’s motion for temporary relief as moot.
Additionally, based on our review, relator’s petition and its attached appendix
contain unredacted sensitive data—such as a social security number and a minor’s
full name, birthdate, and home address—in violation of the Texas Rules of Appellate
Procedure. See TEX. R. APP. P. 9.9. Accordingly, we strike relator’s petition and its
attached appendix.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
240833F.P05 JUSTICE
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