In Re Adams Tran v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 25, 2024
• Docket: 01-24-00003-CV
• Status: Published

Opinion

Opinion issued January 25, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00003-CV ——————————— IN RE ADAMS TRAN, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Adams Tran, filed a petition for writ of mandamus asserting that the

trial court had “abuse[d] its discretion in striking [relator’s petition in] intervention

where (a) there was no motion to strike pending and (b) [relator’s] intervention was timely and proper.”1 Relator’s mandamus petition “prays for [mandamus to issue]

and such other and further relief to which [relator] may be entitled.”

Our review of relator’s mandamus petition reflects that relator has failed to

establish that he is entitled to mandamus relief. See TEX. R. APP. P. 52.3(i)

(mandamus petition “must contain and short conclusion that clearly states the nature

of the relief sought”), 52.3(k)(1)(A) (relator required to provide appendix which

“must contain” certified or sworn copy of any “document showing the matter

complained of”), 52.7(a)(1) (relator “must file” record with mandamus petition

containing “certified or sworn copy of every document that is material to the relator’s

claim for relief and that was filed in any underlying proceeding”), 52.8(a); see also

Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (“Our requirement that

mandamus will not issue where there is an adequate remedy by appeal is

well-settled.”). Accordingly, we deny relator’s petition for writ of mandamus. See

TEX. R. APP. P. 52.8(a). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Goodman, Countiss, and Farris.

1 The underlying case is Tony Buzbee v. Tammy Tran and Tammy Tran Attorneys at Law, L.P., Cause No. 2021-82608, in the 189th District Court of Harris County, Texas, the Honorable Tamika Craft-Demming presiding.