In Re: Thelmekia Williams v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 23, 2023
• Docket: 05-23-00998-CV
• Status: Published

Opinion

DENIED and Opinion Filed October 23, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00998-CV

IN RE THELMEKIA WILLIAMS, Relator

Original Proceeding from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-15152

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Breedlove Opinion by Justice Goldstein Before the Court is relator’s October 9, 2023 petition for writ of mandamus.

Relator challenges whether the trial court’s June 6, 2023 Final Judgment is a final

judgment. She asks this Court to, among other things, order the trial court to consider

the merits of relator’s August 28, 2023 motion for new trial or, alternatively, to enter

a final judgment in the underlying case.

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). After reviewing relator’s petition and the record before us, we conclude

that relator has failed to demonstrate entitlement to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

/Bonnie Lee Goldstein/ 230998f.p05 BONNIE LEE GOLDSTEIN JUSTICE

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