In Re: Bruce Wheatley in His Capacity as of the Estate of Judith Wheatley v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 15, 2023
• Docket: 08-23-00147-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

IN RE: BRUCE WHEATLEY § No. 08-23-00147-CV

in his capacity as Executor of the Estate of § AN ORIGINAL PROCEEDING

JUDITH WHEATLEY, Deceased, § IN MANDAMUS

Relator. §

§

MEMORANDUM OPINION

Before the Court is relator’s May 11, 2023, petition for writ of mandamus. In the petition,

relator asks this Court to compel the trial court to grant him possession of a piece of real property.

Entitlement to mandamus relief requires relators to demonstrate that the trial court clearly

abused its discretion through an order. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36

(Tex. 2004) (orig. proceeding); Axelson, Inc. v. Mcllhany, 798 S.W.2d 550, 556 (Tex. 1990)

(holding mandamus was improper when the relator could not point to an order of the trial court

refusing their request). Such an order may be oral “if the court’s ruling is a clear, specific, and

enforceable order that is adequately shown by the record.” In re Bledsoe, 41 S.W.3d 807, 811

(Tex. App.—Fort Worth 2001, no pet); see In re Southern Ins. Co., 2011 WL 3667849, at *1 (Tex. App.—Houston [14th Dist.] Aug. 23, 2011, no pet.) (mem.op.) (denying mandamus when

the record contained no written or oral ruling denying relator’s motion).

After reviewing relator’s petition and the record before us, we conclude there is no record

of a written or oral order from the trial court regarding relator’s possession of the real property.

Accordingly, relator has not established he is entitled to mandamus relief. Therefore, we deny

relators’ petition for writ of mandamus.

YVONNE T. RODRIGUEZ, Chief Justice

June 15, 2023

Before Rodriguez, C.J., Palafox, and Soto, JJ.