In Re Emily Kelly v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 25, 2025
• Docket: 01-25-00934-CV
• Status: Published

Opinion

Opinion issued November 25, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00934-CV ——————————— IN RE EMILY KELLY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Emily Kelly, has filed a petition for writ of mandamus requesting that

we compel the trial court to grant realtor’s motion to stay proceedings pending

arbitration.1 Without reaching the merits of the petition, we deny the petition for

1 The underlying case is Emily Kelly, Individually and On Behalf of Deceased, Anna Kelly v. Methodist Health Centers d/b/a Houston Methodist Willowbrook Hospital, Ramegowda Belakere, and Megan Gooch, cause number 2024-85710, pending in the 164th District Court of Harris County, Texas, the Honorable Cheryl Elliott Thornton presiding. failing to meet the Texas Rules of Appellate Procedure’s requirements for

consideration of mandamus relief. See TEX. R. APP. P. 52.3 (delineating required

form and contents of petition for writ of mandamus); 52.7(a)(1) (requiring certified

or sworn copy of every document material to claim for relief that was filed in

underlying proceeding); 52.7(a)(2) (requiring “a properly authenticated transcript of

any relevant testimony from any underlying proceeding, including any exhibits

offered in evidence, or a statement that no testimony was adduced in connection with

the matter complained”).

PER CURIAM

Panel consists of Justices Rivas-Molloy, Gunn, and Caughey.