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

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–

2

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