IN RE: JENNIFER BRADEN (2017)

SUBSTITUTE MEMORANDUM OPINION

On March 9, 2017, we issued a memorandum opinion denying relator Jennifer Braden's petition for writ of mandamus because the reporter's record relator provided was not complete. Relator has since provided the complete reporter's record and moved for rehearing. We grant relator's motion for rehearing. After considering her petition for mandamus relief on the merits, we withdraw our memorandum opinion of March 9, 2017, and issue this substitute memorandum opinion.

On March 23, 2017, relator filed an amended petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Ronald R. Pope, presiding judge of the 328th District Court of Fort Bend County, to vacate his “Additional Temporary Orders in Suit Affecting the Parent-Child Relationship,” signed on February 3, 2017. On May 8, 2017, relator filed an emergency motion for stay, asking this court to stay proceedings in the trial court.

To obtain mandamus relief, a relator must show that the trial court clearly abused its discretion. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Relator has not established that the trial court clearly abused its discretion. So, relator is not entitled to mandamus relief. We therefore deny relator's amended petition for writ of mandamus and relator's emergency motion for stay.

PER CURIAM