In Re Richard Jones, Relator v. the State of Texas
This text of In Re Richard Jones, Relator v. the State of Texas (In Re Richard Jones, Relator 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.
Opinion
In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-25-00104-CV
IN RE RICHARD JONES, RELATOR
ORIGINAL PROCEEDING
March 24, 2025 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
Before the Court is the petition of Richard M. Jones, Relator, for writ of mandamus.
Relator asserts that the trial court has unlawfully ignored several motions he has filed in
the underlying proceeding.
“Mandamus is an extraordinary remedy granted only when the relator shows that
the trial court abused its discretion and that no adequate appellate remedy exists.” In re
H.E.B. Grocery Co., L.P., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per
curiam). Rule 52.3 of the Texas Rules of Appellate procedure sets forth the required form
and contents of a petition for a writ of mandamus. See TEX. R. APP. P. 52.3. It is Relator’s
burden to provide this Court with a record sufficient to establish his right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); In re Villarreal, 96 S.W.3d
708, 710 (Tex. App.—Amarillo 2003, orig. proceeding). Petitions must include, among
other things, a proper appendix or record that includes a certified or sworn copy of the
document showing the matter complained of. TEX. R. APP. P. 52.3(k)(1)(A). Specifically,
Relator’s petition does not include a certified or sworn copy of any of the motions about
which he contends that the trial court has ignored. Further, the petition does not include
other contents required by Rule 52.3, such as “a clear and concise argument for the
contentions made, with appropriate citations to authorities and to the appendix or record.”
See TEX. R. APP. P. 52.3(h).
Relator’s petition for writ of mandamus is unsupported by a proper record and lacks
substantive legal analysis. Relator has not established his entitlement to mandamus
relief. See Walker, 827 S.W.2d at 837. Accordingly, the petition is denied.
Per Curiam
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