in Re: Billy Wayne Horton

• Court: Court of Appeals of Texas
• Decided: August 24, 2022
• Docket: 05-22-00810-CV
• Status: Published

Opinion

DENY and Opinion Filed August 24, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00810-CV

IN RE BILLY WAYNE HORTON, Relator

Original Proceeding from the County Court at Law No. 2 Rockwall County, Texas Trial Court Cause No. 1-20-0837

MEMORANDUM OPINION Before Justices Myers, Nowell, and Goldstein Opinion by Justice Goldstein

Before the Court is relator’s August 17, 2022 petition for writ of mandamus.

Relator challenges the trial court’s requirement that the parties in the underlying

case engage in mediation. In his petition, relator argues that the underlying case

should be stayed pending resolution of this original proceeding.

Entitlement to mandamus relief requires relator to show 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). Relator has failed to comply with requirements set out in Texas Rule of

Appellate Procedure 52 for filing a petition for writ of mandamus. Relator failed

to certify that the factual statements in the record are true and supported by

competent evidence in the record. See TEX. R. APP. P. 52.3(j). Relator failed to

provide an appendix or record in support of the petition and thus provided no

sworn or certified copy of the challenged order or ruling or of every document that

is material to the relator’s claim for relief that was filed in any underlying

proceeding nor a properly authenticated transcript of any relevant testimony. See

TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a). We conclude that relator, as the party

seeking relief, has not met the burden of providing the Court an adequate record to

establish a right to mandamus relief.

Accordingly, we deny relator’s petition for writ of mandamus. Having

denied mandamus relief, we also deny relator’s request that the underlying

proceedings be stayed as moot.

/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN JUSTICE

220810F.P05