In Re Brianna Leann Gordon v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 12, 2025
• Docket: 03-25-00971-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00971-CV

In re Brianna Leann Gordon

ORIGINAL PROCEEDING FROM TOM GREEN COUNTY

MEMORANDUM OPINION

In this suit affecting the parent–child relationship, relator Brianna Leann Gordon

has filed a petition for writ of mandamus seeking relief from the trial court’s order granting

the motion of intervenors and real parties in interest Mary Susanne Martinez-Dominguez and

Manuel Dominguez to extend the trial court’s temporary restraining order. Relator additionally

seeks relief from the trial court’s alleged failure to promptly rule on her emergency motions. A

party seeking mandamus relief has the burden of providing this Court with a sufficient record to

establish her right to such relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); see

Tex. R. App. P. 52.3(k)(1)(A) (requiring appendix to petition for writ of mandamus to include

certified or sworn copy of order complained of and other documents showing matter complained

of); 52.7(a) (providing that mandamus record must contain, among other things, certified or

sworn copy of every document that is material to relator’s claim and that was filed in underlying

proceeding). The appendix and record do not meet the requirements of Rules 52.3 and 52.7;

therefore, this Court lacks a record sufficient to assess the right to mandamus relief. We

accordingly deny relief. See Tex. R. App. P. 52.8(a).

__________________________________________ Karin Crump, Justice

Before Chief Justice Byrne, Justices Crump and Ellis

Filed: December 12, 2025