in Re: The Honorable Suzanne Wooten

Court of Appeals of Texas·Decided December 9, 2019·No. 05-19-01499-CV·Published

Opinion

Denied; Opinion Filed December 9, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01499-CV

IN RE THE HONORABLE SUZANNE WOOTEN, Relator

Original Proceeding from Collin County, Texas

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Evans Opinion Per Curiam Before the Court are relator’s December 6, 2019 petition for writ of mandamus and

emergency motion for temporary relief, respondent’s response, and relator’s reply.

Relator’s petition for writ and emergency motion seek relief with respect to her request

that we compel respondent to include her name on the March 3, 2020 ballot for the Republican

primary for the November 2020 general election, as a candidate for presiding judge of the 401st

Judicial District Court of Texas.

Entitlement to mandamus relief requires relator to show both that respondent has clearly

abused his discretion and that relator has no adequate appellate remedy at law. In re Prudential

Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding); see also, In re Pena, 05-17-

00209-CV, 2017 WL 2062274, at *2 (Tex. App.—Dallas Mar. 6, 2017, orig. proceeding). After

1 reviewing the petition and the mandamus record, as well as the response and the reply, we

conclude relator has not shown she is entitled to the relief requested.

Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P.

52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief

sought). So as not to prejudice the parties’ rights or remedies, we have expedited our decision in

this mandamus proceeding. See In re Jones, No. 05-18-00065-CV, 2018 WL 549531, at*2 (Tex.

App.—Dallas Jan. 24, 2018 orig. proceeding) (mem. op) (per curium). A supplemental opinion

providing the basis for our ruling will follow as expeditiously as possible.

PER CURIAM

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)