In Re Estate of Hattie Owens v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 21, 2024
• Docket: 01-24-00312-CV
• Status: Published

Opinion

Opinion issued May 21, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00312-CV ——————————— IN RE DR. SHELIA OWENS-COLLINS, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Dr. Sheila Owens-Collins, acting pro se, has filed a “petition for [a]

writ of mandate [sic],” challenging the trial court’s “Order Denying [Her] Motion to

Strike,” signed on October 23, 2023, and order denying “[Relator’s] Motion for

Permissive Appeal,” signed on January 23, 2024. Relator requests that the Court “enter a dismissal with prejudice” in the underlying case “of the [twenty-one] claims

based on checks more than four years old when suit was filed.”1

Relator’s petition for writ of mandamus fails to comply with the Texas Rules

of Appellate Procedure. See TEX. R. APP. P. 52.3(j) (inclusion of certification that

petition is supported by competent evidence), (k) (inclusion of certified or sworn

copies of challenged orders), 52.7(a)(1) (inclusion of sworn record); In re Harrison,

No. 01-21-00531-CV, 2021 WL 4898073, *1 (Tex. App.—Houston [1st Dist.] Oct.

21, 2021, orig. proceeding) (mem. op.) (denying petition for writ of mandamus for

failure to comply with Texas Rules of Appellate Procedure).

Relator’s petition also fails to address necessary elements of a petition for a

writ of mandamus, namely that “[m]andamus relief is an extraordinary remedy

available only on a showing that (1) the trial court clearly abused its discretion and

(2) the party seeking relief lacks an adequate remedy on appeal.” In re Ill. Nat’l Ins.

Co., 685 S.W.3d 826, 834 (Tex. 2024).

We deny the petition. See TEX. R. APP. P. 52.8(a). All pending motions are

dismissed as moot.

1 The underlying case is In the Estate of Hattie Owens, Deceased, Cause No. 473,956-401, in the Probate Court No. 3 of Harris County, Texas, the Honorable Jason Cox presiding.

2 PER CURIAM

Panel consists of Justices Landau, Countiss, and Guerra.