In Re: 1 Coventry Court, LLC, Moshe Feldhendler and Leah Feldhendler v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 10, 2023
• Docket: 05-23-00421-CV
• Status: Published

Opinion

DENIED and Opinion Filed May 10, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00421-CV

IN RE 1 COVENTRY COURT, LLC, MOSHE FELDHENDLER, AND LEAH FELDHENDLER, Relators

Original Proceeding from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-01541

MEMORANDUM OPINION Before Justices Pedersen, III, Nowell, and Miskel Opinion by Justice Miskel In their May 5, 2023 petition for writ of mandamus, relators seek relief from

the trial court’s contempt order.

Entitlement to mandamus relief requires relators to demonstrate that the trial

court clearly abused its discretion and that they lack an adequate remedy by appeal.

In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). Relators bear the burden of providing the Court with a sufficient record

to show they are entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex.

1992) (orig. proceeding). Relators’ record does not comply with the requirements of Texas Rule of

Appellate Procedure 52. See TEX. R. APP. P. 52.7(a)(2). Specifically, the petition and

record indicate that there were two hearings in connection with the contempt order

from which relators seek mandamus relief. Relators did not include a properly

authenticated transcript of any relevant testimony from such contempt hearings or a

statement that no testimony was adduced in connection with the contempt order. See

TEX. R. APP. P. 52.7(a)(2). Without a sufficient record, relators have failed to carry

their burden.

Accordingly, we deny relators’ petition for writ of mandamus.

/Emily A. Miskel// 230421f.p05 EMILY MISKEL JUSTICE

–2–