In Re Lisa Searcy v. the State of Texas

Court of Appeals of Texas

In Re Lisa Searcy v. the State of Texas

DecidedJune 1, 2023

Docket14-23-00326-CV

StatusPublished

This text of In Re Lisa Searcy v. the State of Texas (In Re Lisa Searcy v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re Lisa Searcy v. the State of Texas, (Tex. Ct. App. 2023).

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Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed June 1, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00326-CV

IN RE LISA SEARCY, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 306th District Court Galveston County, Texas Trial Court Cause No. 22-FD-0345

MEMORANDUM OPINION

On May 9, 2023, relator Lisa Searcy filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Anne B. Darring, presiding judge of the 306th District Court of Galveston County, to vacate her March 17, 2022 order and return relator’s children to her. To obtain mandamus relief, a relator generally must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re C.J.C., 603 S.W.3d 804, 811 (Tex. 2020) (orig. proceeding). A relator has the burden to provide the court with a record sufficient to establish her right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Relator has failed to do so.

The Texas Rules of Appellate Procedure require a relator to provide “a certified or sworn copy” of certain documents, including any order complained of, any other document showing the matter complained of, and every document that is material to the relator’s claim for relief that was filed in any underlying proceeding. See Tex. R. App. P. 52.3(k)(1)(A), 52.7(a)(1). Relator has not submitted any documents, including the March 17, 2022 order, with her petition. In the absence of the complained of order and any other document relevant to her request for relief, relator cannot meet her burden to demonstrate her right to a writ of mandamus.

Relator has not established that she is entitled to mandamus relief. Accordingly, we deny relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Zimmerer and Poissant.

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Petition for Writ of Mandamus Denied and Memorandum Opinion filed June 1, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00326-CV

IN RE LISA SEARCY, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 306th District Court Galveston County, Texas Trial Court Cause No. 22-FD-0345

MEMORANDUM OPINION

On May 9, 2023, relator Lisa Searcy filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Anne B. Darring, presiding judge of the 306th District Court of Galveston County, to vacate her March 17, 2022 order and return relator’s children to her. To obtain mandamus relief, a relator generally must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re C.J.C., 603 S.W.3d 804, 811 (Tex. 2020) (orig. proceeding). A relator has the burden to provide the court with a record sufficient to establish her right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Relator has failed to do so.

The Texas Rules of Appellate Procedure require a relator to provide “a certified or sworn copy” of certain documents, including any order complained of, any other document showing the matter complained of, and every document that is material to the relator’s claim for relief that was filed in any underlying proceeding. See Tex. R. App. P. 52.3(k)(1)(A), 52.7(a)(1). Relator has not submitted any documents, including the March 17, 2022 order, with her petition. In the absence of the complained of order and any other document relevant to her request for relief, relator cannot meet her burden to demonstrate her right to a writ of mandamus.

Relator has not established that she is entitled to mandamus relief. Accordingly, we deny relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Zimmerer and Poissant.

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