DENY; and Opinion Filed January 20, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00041-CV
IN RE SHARON LAURIETTE, Relator
Original Proceeding from the 256th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-12-07868
MEMORANDUM OPINION
Before Justices Lang, Fillmore, and Brown
Opinion by Justice Fillmore
This petition for writ of mandamus arises in a case involving a mediated settlement
agreement under sections 6.602 and 153.0071 of the Texas Family Code. Although the parties
both moved for entry of judgment on the mediated settlement agreement, they disagree with
respect to the circumstances under which the alimony payments agreed to in the mediated
settlement agreement terminate and the extent to which the alimony payments are deductible by
the payor and income to the payee for purposes of federal income tax liability. Thus, the terms
of the proposed judgments the parties submitted to the trial court vary. Relator requests that the
Court order the trial court to grant her motion for entry of judgment on the mediated settlement
agreement.
Ordinarily, to obtain mandamus relief, a relator must show both that the trial court has
clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential
Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). On the record before us, we
have no basis for concluding that at this point in the proceeding the trial court has clearly abused
its discretion. Accordingly, relator has failed to establish a right to relief. We deny the petition
for writ of mandamus. TEX. R. APP. P. 52.8.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
150041F.P05
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