CourtListener 9992935•In Re: John Darjean v. the State of Texas
Full text
DENIED and Opinion Filed June 28, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00662-CV
IN RE JOHN DARJEAN, Relator
Original Proceeding from the 160th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-07371
MEMORANDUM OPINION
Before Justices Reichek, Goldstein, and Kennedy
Opinion by Justice Reichek
Before the Court is relator’s May 31, 2024 petition for writ of mandamus.
Relator asks this Court to compel the trial court to vacate its May 15, 2024 Order
Granting Defendant Shilo Sanders’ Amended Motion for Contempt and/or Other
Appropriate Relief for Protective Order Violations.
Entitlement to mandamus relief requires relator to show that the trial court
clearly abused its discretion and that relator lacks an adequate appellate remedy. In
re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). If an order is void, however, a relator need not show it lacks an adequate
appellate remedy. In re Saving Grace #2, LLC, No. 05-23-00745-CV, 2023 WL
6783511, at *3 (Tex. App.—Dallas Oct. 13, 2023, orig. proceeding) (mem. op.).
After reviewing relator’s petition and the record before us, we conclude that relator
has failed to demonstrate entitlement to mandamus relief.
Accordingly, we deny relator’s petition for writ of mandamus. TEX. R. APP.
P. 52.8(a).
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
240662F.P05
–2–
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.