In Re Karla Roberson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 30, 2025
• Docket: 03-25-00365-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00365-CV

In re Karla Roberson

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator Karla Roberson has filed a pro se petition for writ of mandamus

complaining of the district court’s alleged failure to set a hearing on the real party’s motion to

dissolve or modify writ of garnishment as required by Rule 664a of the Texas Rules of Appellate

Procedure. Having reviewed the petition and the record provided, we deny the petition for writ

of mandamus. See Tex. R. App. P. 52.8(a).

It is relator’s burden to properly request and show entitlement to mandamus relief.

Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); In re Davidson, 153 S.W.3d 490, 491 (Tex.

App.—Amarillo 2004, orig. proceeding); see also Barnes v. State, 832 S.W.2d 424, 426 (Tex.

App.—Houston [1st Dist.] 1992, orig. proceeding) (per curiam) (“Even a pro se applicant for a

writ of mandamus must show himself entitled to the extraordinary relief he seeks”). In this

regard, the relator must provide the reviewing court with a record sufficient to establish the right

to mandamus relief. See Walker, 827 S.W.2d at 837; In re Blakeney, 254 S.W.3d 659, 661–62

(Tex. App. —Texarkana 2008, no pet.); see also Tex. R. App. P. 52.7(a)(1) (relator must file with petition “a certified or sworn copy of every document that is material to the relator’s claim

for relief and that was filed in any underlying proceeding”), 52.7(a) (specifying required contents

for record), 52.3(k) (specifying required contents for appendix).

Here, Roberson has not provided this Court with a sworn or certified copy of the

complained-of order or any other document that was filed in the underlying proceedings. We

therefore conclude that, based on the record provided, Roberson has failed to show her

entitlement to mandamus relief. Accordingly, we deny the petition for writ of mandamus and

dismiss the emergency motion for expedited consideration as moot. See Tex. R. App. P. 52.8(a).

__________________________________________ Gisela D. Triana, Justice

Before Justices Triana, Theofanis and Crump

Filed: May 30, 2025