In Re: Insurance Office of America, Inc. and Stephen McCord v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 8, 2023
• Docket: 05-23-01239-CV
• Status: Published

Opinion

DENIED and Opinion Filed December 8, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01239-CV

IN RE INSURANCE OFFICE OF AMERICA, INC. AND STEPHEN MCCORD, Relators

Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-04058

MEMORANDUM OPINION Before Justices Pedersen, III, Nowell, and Miskel Opinion by Justice Miskel Before the Court is relators’ December 7, 2023 petition for writ of mandamus.

Relators challenge the trial court’s orders dated November 20, 2023, granting real

party in interest’s motion to compel and denying relators’ motion to quash and for

protective order.

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 record sufficient to show entitlement to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837

(Tex. 1992) (orig. proceeding).

Rule 52.3(k)(1)(A) required relators to file an appendix with their petition that

contains “a certified or sworn copy of any order complained of, or any other

document showing the matter complained of.” TEX. R. APP. P. 52.3(k)(1)(A). Rule

52.7(a)(1) required relators to file with their petition “a certified or sworn copy of

every document that is material to the relator’s claim for relief that was filed in any

underlying proceeding.” TEX. R. APP. P. 52.7(a)(1). Although relators provided

certified copies of the two November 20, 2023 orders at issue, none of the other

documents relators included in their appendix or record are sworn or certified copies.

Thus, relators have failed to meet their burden to provide this Court with a record

sufficient to demonstrate entitlement to mandamus relief.

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

Also before the Court is relators’ December 7, 2023 emergency motion for

temporary stay of trial court’s discovery orders. The motion lacks the required

certificate of conference, although real party in interest has already filed a response

opposing the motion. See TEX. R. APP. P. 10.1(a)(5). In any event, we deny the

emergency motion as moot.

/Emily Miskel/ 231239f.p05 EMILY MISKEL JUSTICE

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