In Re: Byron Curtis Cook and Trade Rare, L.L.C. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 3, 2023
• Docket: 05-23-00742-CV
• Status: Published

Opinion

DENIED and Opinion Filed August 3, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00742-CV

IN RE BYRON CURTIS COOK AND TRADE RARE, L.L.C., Relators

Original Proceeding from the 417th Judicial District Court Collin County, Texas Trial Court Cause No. 417-04885-2016

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Breedlove Opinion by Justice Breedlove Before the Court are relators’ July 27, 2023 petition for writ of mandamus and

July 31, 2023 first supplement to their petition for writ of mandamus. Relators ask

this Court to compel the trial court to rule on two rule 76a motions.

Entitlement to mandamus relief requires relators to show that the trial court

clearly abused its discretion and that relators lack an adequate appellate remedy. In

re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). Relators bear the burden of providing the Court with a sufficient record

to show they are entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex.

1992) (orig. proceeding); see also TEX. R. APP. P. 52.7(a)(1). After reviewing relators’ petition and supplemental petition and the record before us, we conclude

that relators have failed to satisfy their burden to provide a sufficient record. See

TEX. R. APP. P. 52.7(a)(1); Walker, 827 S.W.2d at 837.

Additionally and alternatively, based on our review of relators’ petition and

supplemental petition and the record before us, we conclude relators have failed to

demonstrate entitlement to mandamus relief. See TEX. R. APP. P. 52.8(a).

Accordingly, we deny relators’ petition for writ of mandamus.

/Maricela Breedlove/ 230742f.p05 MARICELA BREEDLOVE JUSTICE

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