in Re: David S. Grantham

• Court: Court of Appeals of Texas
• Decided: January 25, 2022
• Docket: 05-22-00041-CV
• Status: Published

Opinion

DENY and Opinion Filed January 25, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00041-CV

IN RE DAVID S. GRANTHAM, Relator

Original Proceeding from the 469th Judicial District Court Collin County, Texas Trial Court Cause No. 469-52594-2016

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Reichek In this original proceeding, relator challenges the trial court’s December 2,

2021 order denying relator’s special appearance plea to the jurisdiction and second

amended motion to transfer venue in the underlying proceedings.

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

clearly abused its discretion and that he lacks an adequate appellate remedy. In re

Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). As the

party seeking relief, relator has the burden of providing the Court with a certified or

sworn copy of the challenged order and every document that is material to

establishing relator’s right to mandamus relief. See TEX. R. APP. P. 52.3(k), 52.7(a); In re Butler, 270 S.W.3d 757, 759 (Tex. App.—Dallas 2008, orig. proceeding)

(requiring relator to submit a record containing certified or sworn copies).

Relator has failed to provide the Court with a copy of the challenged order or

any other document material to establishing a right to mandamus relief. We

conclude relator has not met his burden to prove an entitlement to the relief

requested. Accordingly, we deny the petition for writ of mandamus without

prejudice to refiling a petition with a record that complies with Texas Rule of

Appellate Procedure 52. See TEX. R. APP. P. 52.3(k), 52.7(a).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

220041F.P05

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