In Re: Shawn Olali v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 24, 2024
• Docket: 05-23-01165-CV
• Status: Published

Opinion

DENIED and Opinion Filed January 24, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01165-CV

IN RE SHAWN OLALI, Relator

Original Proceeding from the Collin County Probate Collin County, Texas Trial Court Cause No. MH-2116-231

MEMORANDUM OPINION Before Justices Partida-Kipness, Carlyle, and Garcia Opinion by Justice Carlyle Before the Court is relator’s November 20, 2023 petition for writ of

mandamus. In his petition, relator contends that the trial court failed to accept for

filing his notice of appeal from a temporary inpatient mental health services

commitment order.

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). Relator bears the burden of providing the Court with a record sufficient to show he is entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992)

(orig. proceeding); see also TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1).

Relator’s petition does not comply with the Texas Rules of Appellate

Procedure. See, e.g., TEX. R. APP. P. 52.1, 52.2, 52.3(a), 52.3(d), 52.3(g)–(h),

52.3(j)–(k), 52.7(a). For instance, a petition seeking mandamus relief must include

a certification stating that the relator “has reviewed the petition and concluded that

every factual statement in the petition is supported by competent evidence included

in the appendix or record.” TEX. R. APP. P. 52.3(j). Relator’s petition lacks this

required certification. Additionally, rule 52.3(k)(1)(A) requires a relator to file an

appendix with his petition that contains “a certified or sworn copy of any order

complained of, or any other document showing the matter complained of.” TEX. R.

APP. P. 52.3(k)(1)(A). Rule 52.7(a)(1) requires the relator to file with his petition “a

certified or sworn copy of every document that is material to the relator’s claim for

relief that was filed in any underlying proceeding.” TEX. R. APP. P. 52.7(a)(1). The

documents included with relator’s petition are not certified or sworn copies. They

are also incomplete in relation to the documents material to his claim for relief.

Accordingly, we deny relator’s petition for writ of mandamus.

/Cory L. Carlyle// 231165f.p05 CORY L. CARLYLE JUSTICE

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