In Re Sommer Douga--Appeal from 317th District Court of Jefferson County

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00503-CV _________________ IN RE SOMMER DOUGA ________________________________________________________________________ Original Proceeding ________________________________________________________________________ MEMORANDUM OPINION Sommer Douga petitions for a writ of mandamus to compel the trial court to abate a child custody modification proceeding. Relator contends that the trial court scheduled a hearing on the basis of an inadequate affidavit. See Tex. Fam. Code Ann. § 156.102(c) (West Supp. 2010). Relator requests a stay of the trial scheduled for September 19, 2011. See Tex. R. App. P. 52.10. The petition and supporting record do not establish a clear abuse of discretion by the trial court for which a remedy by appeal would be inadequate. See generally In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). Accordingly, we deny the petition for writ of mandamus and request for temporary relief. 1 PETITION DENIED. PER CURIAM Opinion Delivered September 13, 2011 Before McKeithen, C.J., Gaultney and Kreger, JJ. 2

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