In Re: Jason Burgo v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 1, 2024
• Docket: 05-24-00896-CV
• Status: Published

Opinion

DENIED and Opinion Filed August 1, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00896-CV

IN RE JASON BURGO, Relator

Original Proceeding from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-50536-2024

MEMORANDUM OPINION Before Justices Partida-Kipness, Nowell, and Miskel Opinion by Justice Nowell Before the Court are relator’s July 30, 2024 petition for writ of mandamus and

emergency motion for temporary relief. In his petition, relator challenges the trial

court’s temporary orders. In his emergency motion, relator seeks to stay the

upcoming August 2, 2024 bench trial pending our action on the petition.

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

clearly abused its discretion and that the relator lacks an adequate appellate remedy.

In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). After reviewing relator’s petition and the record before us, we conclude

that relator has failed to demonstrate entitlement to mandamus relief. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a). Having denied relator’s petition, we also deny as moot relator’s emergency

motion. Additionally, based on our review, relator’s petition and its attached

appendix contain unredacted sensitive data—such as a minor’s full name and

birthdate—in violation of the Texas Rules of Appellate Procedure. See TEX. R. APP.

P. 9.9. Accordingly, we strike relator’s petition and its attached appendix.

/Erin A. Nowell/ ERIN A. NOWELL 240896F.P05 JUSTICE

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