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

Court of Appeals of Texas

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

Court of Appeals of Texas·Decided May 21, 2024·No. 01-24-00312-CV·Published

Opinion

Opinion issued May 21, 2024

In The

Court of Appeals

For The

First District of Texas

“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.

PER CURIAM

Panel consists of Justices Landau, Countiss, and Guerra.

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Opinion issued May 21, 2024

In The

Court of Appeals

For The

First District of Texas

“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.

PER CURIAM

Panel consists of Justices Landau, Countiss, and Guerra.

In Re Estate of Hattie Owens v. the State of Texas, (Tex. Ct. App. 2024).

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