In Re Taylor Lamonica Lee v. the State of Texas

Court of Appeals of Texas

In Re Taylor Lamonica Lee v. the State of Texas

Court of Appeals of Texas·Decided April 9, 2024·No. 01-24-00216-CV·Published

Opinion

Opinion issued April 9, 2024

In The

Court of Appeals

For The

First District of Texas

custody, and control, and require the trial court to lift all restrictions on that care, custody, and control.1 To show entitlement to mandamus relief, a relator must establish that the trial court abused its discretion and the relator lacks an adequate remedy by appeal. See In re McDaniel, 408 S.W.3d 389, 396 (Tex. App.—Houston [1st Dist.] 2011, orig. proceeding). A relator must provide the court with a record sufficient to establish the right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); TEX. R. APP. P. 52.3(k) (relator must include appendix to petition for writ of mandamus containing a certified or sworn copy of order complained of), 52.7 (relator must file with petition for writ of mandamus certified or sworn copy of every document material to relator’s claim for relief).

According to relator, no evidence was presented at a hearing held on August 22, 2023 to support removal of the children from relator’s care, custody, and control. Relator has not provided this Court with a copy of the order complained of or a hearing record or any other documentation that might establish her right to relief. Without a sufficient record, relator has not established her entitlement to mandamus relief. See Walker, 827 S.W.2d at 837.

1 The underlying case is Office of the Attorney General v. Marcel Lamar Primes, cause number 2019-39115, pending in the 311th District Court of Harris County, Texas, the Honorable Germaine Tanner presiding.

Accordingly, the petition is denied. See TEX. R. APP. P. 52.8. Any pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Goodman, Landau, and Hightower.

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Opinion issued April 9, 2024

In The

Court of Appeals

For The

First District of Texas

custody, and control, and require the trial court to lift all restrictions on that care, custody, and control.1 To show entitlement to mandamus relief, a relator must establish that the trial court abused its discretion and the relator lacks an adequate remedy by appeal. See In re McDaniel, 408 S.W.3d 389, 396 (Tex. App.—Houston [1st Dist.] 2011, orig. proceeding). A relator must provide the court with a record sufficient to establish the right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); TEX. R. APP. P. 52.3(k) (relator must include appendix to petition for writ of mandamus containing a certified or sworn copy of order complained of), 52.7 (relator must file with petition for writ of mandamus certified or sworn copy of every document material to relator’s claim for relief).

According to relator, no evidence was presented at a hearing held on August 22, 2023 to support removal of the children from relator’s care, custody, and control. Relator has not provided this Court with a copy of the order complained of or a hearing record or any other documentation that might establish her right to relief. Without a sufficient record, relator has not established her entitlement to mandamus relief. See Walker, 827 S.W.2d at 837.

1 The underlying case is Office of the Attorney General v. Marcel Lamar Primes, cause number 2019-39115, pending in the 311th District Court of Harris County, Texas, the Honorable Germaine Tanner presiding.

Accordingly, the petition is denied. See TEX. R. APP. P. 52.8. Any pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Goodman, Landau, and Hightower.

In Re Taylor Lamonica Lee v. the State of Texas, (Tex. Ct. App. 2024).

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