In Re: Town of Addison v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 17, 2023
• Docket: 05-23-00867-CV
• Status: Published

Opinion

DENIED and Opinion Filed October 17, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00867-CV

IN RE TOWN OF ADDISON, Relator

Original Proceeding from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-23-01398-A

MEMORANDUM OPINION Before Justices Reichek, Smith, and Kennedy Opinion by Justice Reichek Before the Court is relator’s September 1, 2023 petition for writ of mandamus.

The suit underlying this original proceeding is an eminent domain case. On March

24, 2023, the trial court issued an order appointing special commissioners to

determine the value of the property at issue and to assess the damages, if any, in

accordance with the law. Relator asks this Court to compel the trial court to provide

relator with the special commissioners’ contact information as required by section

21.014(a) of the Texas Property Code.

“As a rule, mandamus is not available to compel an action which has not first

been demanded and refused.” Terrazas v. Ramirez, 829 S.W.2d 712, 723 (Tex. 1991) (orig. proceeding). A trial court is not required to consider a motion that has not been

called to its attention. In re Prado, 522 S.W.3d 1, 2 (Tex. App.—Dallas 2017, orig.

proceeding) (mem. op.); In re Liverman, 658 S.W.3d 881, 882–83 (Tex. App.—El

Paso 2022, orig. proceeding); In re Gomez, 602 S.W.3d 71, 74 (Tex. App.—Houston

[14th Dist.] 2020, orig. proceeding); In re Rangel, 570 S.W.3d 968, 969 (Tex.

App.—Waco 2019, orig. proceeding); In re Blakeney, 254 S.W.3d 659, 662 (Tex.

App.—Texarkana 2008, orig. proceeding). The mere filing of a motion does not

establish that the motion was brought to the trial court’s attention. Liverman, 658

S.W.3d at 882–83; Gomez, 602 S.W.3d at 74; Blakeney, 254 S.W.3d at 662.

Relator bears the burden of providing the Court with a sufficient record to

show it is entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992)

(orig. proceeding). Although relator filed a motion asking the trial court to provide

the special commissioners’ contact information as an alternative to other relief

requested, the record before us does not show relator called the motion to the trial

court’s attention and requested a ruling. Therefore, relator failed to establish that it

first demanded provision of the contact information and the trial court refused. See

Terrazas, 829 S.W.2d at 723.

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

52.8(a).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE 230867F.P05

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