in Re: Samuel Mendicino and Charles Stanley Churchwell, Jr.

• Court: Court of Appeals of Texas
• Decided: July 29, 2022
• Docket: 05-22-00708-CV
• Status: Published

Opinion

DENY and Opinion Filed July 29, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00708-CV

IN RE SAMUEL MENDICINO, TRUSTEE OF THE CHRISTOPHER J. MERLO IRREVOCABLE LIFE INSURANCE TRUST, AND CHARLES STANLEY CHURCHWELL, JR., CO-TRUSTEE OF THE CHRISTOPHER J. MERLO REVOCABLE TRUST, Relators

Original Proceeding from the Probate Court No. 2 Dallas County, Texas Trial Court Cause No. PR-18-03799-2

MEMORANDUM OPINION Before Justices Molberg, Pedersen, III, and Garcia Opinion by Justice Garcia Relators Samuel Mendicino, Trustee of the Christopher J. Merlo Irrevocable

Life Insurance Trust, and Charles Stanley Churchwell, Jr., Co-Trustee of the

Christopher J. Merlo Revocable Trust, filed a petition asking this Court to vacate

(1) an Order Appointing Guardian ad Litem, (2) an Order Denying the Motion to Set

Aside Order Appointing ad Litem and Amended Order Appointing Guardian ad

Litem and Expanding Powers, and (3) an Order Granting Motion to Compel

Statutory Accounting. Also before the Court is relators’ motion for temporary relief. As the parties seeking relief, relators bear the burden to provide the Court with

a sufficient record to establish their right to relief. Walker v. Packer, 827 S.W.2d

833, 837 (Tex. 1992) (orig. proceeding). A relator establishes its right to relief by

showing that the trial court clearly abused its discretion and that the relator lacks an

appellate remedy. In re The Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36

(Tex. 2004) (orig. proceeding).

Relators must provide this Court with a certified or sworn copy of every

document that is material to establishing their right to mandamus relief and that was

filed in the underlying proceeding. See TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1); In

re Butler, 270 S.W.3d 757, 759 (Tex. App.—Dallas 2008, orig. proceeding).

Because documents included in the relators’ appendix are not certified by a trial

court clerk or adequately sworn copies, we conclude relators have not met their

burden.

Accordingly, we deny the petition for writ of mandamus. We also deny the

motion for temporary relief as moot.

/Dennise Garcia/ DENNISE GARCIA JUSTICE

220708F.P05

–2–