In Re: Tava Romaine v. the State of Texas
This text of In Re: Tava Romaine v. the State of Texas (In Re: Tava Romaine 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
DENIED and Opinion Filed April 24, 2024
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00471-CV
IN RE TAVA ROMAINE, Relator
Original Proceeding from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-20-02428-E
MEMORANDUM OPINION Before Justices Reichek, Smith, and Garcia Opinion by Justice Smith Before the Court is relator’s April 22, 2024 petition for writ of mandamus.
Relator challenges the trial court’s December 13, 2023 Order on Defendant Plan B
Dsgn’s LLC’s Amended Traditional and No-Evidence Motion for Summary
Judgment. Relator generally contends the trial court granted real party in interest’s
amended summary-judgment motion without providing relator with notice and an
opportunity to be heard in violation of her due-process rights.
Entitlement to mandamus relief requires relator to show that the trial court
clearly abused its discretion and that relator lacks an adequate appellate remedy. In
re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). “Due to the extraordinary nature of the remedy, the right to mandamus relief generally requires a predicate request for action by the respondent, and the
respondent’s erroneous refusal to act.” In re Coppola, 535 S.W.3d 506, 510 (Tex.
2017) (orig. proceeding) (per curiam).
Based on the petition and record before us, we conclude relator has failed to
show that she first requested from the trial court the relief she seeks or that making
such a request would be futile. In re Heppner, No. 05-22-00554-CV, 2022 WL
2093031, *1 (Tex. App.—Dallas June 10, 2022, orig. proceeding) (mem. op.). In
any event, we conclude relator has failed to demonstrate she lacks an adequate
remedy by appeal.
Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R.
APP. P. 52.8(a).
/Craig Smith/ 240471F.P05 CRAIG SMITH JUSTICE
–2–
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
In Re: Tava Romaine v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tava-romaine-v-the-state-of-texas-texapp-2024.