IN RE: Dakota Ayres

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Court of Appeals of Texas, Houston (14th Dist.).

IN RE: Dakota Ayres, Relator

NO. 14-15-00995-CV

Decided: January 28, 2016

Panel consists of Chief Justice Frost and Justices Christopher and Donovan.


On November 30, 2015, relator Dakota Ayres filed a 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 Glen Devlin, presiding judge of the 313th District Court of Harris County, to (1) vacate the Temporary Orders naming the Department of Family and Protective Services temporary sole managing conservator of relator's child, and (2) order the return of the child to relator.

To obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that relator has no adequate remedy by appeal.  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.  We therefore deny relator's petition for writ of mandamus.


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