In re Margaret Faye Guidry Appeal from 452nd District Court of Menard County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00076-CV IN RE Margaret Faye GUIDRY, Relator Original Proceeding 1 PER CURIAM Sitting: Patricia O. Alvarez, Justice Irene Rios, Justice Liza A. Rodriguez, Justice Delivered and Filed: March 17, 2021 PETITION FOR WRIT OF MANDAMUS DENIED Relator has filed a petition for writ of mandamus and alternative motion for an emergency stay pending the resolution of her divorce appeal. We may issue writs of mandamus when “agreeable to the principles of law regulating those writs.” TEX. GOV’T CODE § 22.221(b). For mandamus, a relator has the burden to file a petition and record showing “the trial court abused its discretion and that no adequate appellate remedy exists.” In re H.E.B. Grocery Co., L.P., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per curiam). Having reviewed the petition and documents included in the appendix, we conclude relator has not satisfied this burden. Accordingly, we deny the petition and motion without prejudice to seeking relief in the divorce appeal. See TEX. R. APP. P. 52.8(a). PER CURIAM This proceeding arises out of Cause No. 2018-05589, styled In the Marriage of Guidry, pending in the 452nd District Court, Menard County, Texas, the Honorable James L. Rex presiding. 1

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