In Re: Angelia Smith and Kelvin Smith v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 22, 2024
• Docket: 05-24-01380-CV
• Status: Published

Opinion

DENIED and Opinion Filed November 22, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01380-CV

IN RE ANGELIA SMITH AND KELVIN SMITH, Relators

Original Proceeding from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-21-05552-D

MEMORANDUM OPINION Before Justices Pedersen, III, Smith, and Garcia Opinion by Justice Garcia Before the Court is relators’ November 22, 2024 petition for emergency writ

of mandamus seeking to vacate a writ of possession.

Relators’ petition does not comply with the Texas Rules of Appellate

Procedure and thus does not meet the requirements for consideration of mandamus

relief. See, e.g., TEX. R. APP. P. 52.1, 52.3(a)–(h), 52.3(j), 52.3(k)(1)(A), 52.7(a).

Additionally, even if relators’ record contained properly certified or sworn

documents as required by the rules, entitlement to mandamus relief requires a relator

to show that the trial court clearly abused its discretion and that the relator lacks an

adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135– 36 (Tex. 2004) (orig. proceeding). After reviewing relators’ petition and the record

before us, we conclude that relators have failed to demonstrate entitlement to

mandamus relief.

Accordingly, for each of the above independent and alternative reasons, we

deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

/Dennise Garcia DENNISE GARCIA 241380F.P05 JUSTICE

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