In Re: Wilmington Savings Fund Society, FSB, Not Individually, but Solely as Trustee for Naionstar HECM Acquisition Trust 2020-1 v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 9, 2023
• Docket: 05-23-00613-CV
• Status: Published

Opinion

DENIED and Opinion Filed August 9, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00613-CV

IN RE WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT INDIVIDUALLY, BUT SOLELY AS TRUSTEE FOR NATIONSTAR HECM ACQUISITION TRUST 2020-1, Relator

Original Proceeding from the County Court at Law No. 1 Kaufman County, Texas Trial Court Cause No. 22C-123

MEMORANDUM OPINION Before Justices Reichek, Smith, and Kennedy Opinion by Justice Smith Before the Court is relator’s June 22, 2023 petition for writ of mandamus

wherein relator complains that the trial court has failed to issue a writ of possession.

Entitlement to mandamus relief requires a relator to demonstrate that the trial

court clearly abused its discretion and that the relator lacks an adequate remedy by

appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). The 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). After reviewing relator’s petition and the record before us,

we conclude that relator has failed to demonstrate an entitlement to mandamus relief.

Further, we note that relator’s record does not comply with the requirements

of Texas Rule of Appellate Procedure 52. See TEX. R. APP. P. 52.3(k)(1)(A),

52.7(a)(1).

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

APP. P. 52.8(a).

/Craig Smith/ CRAIG SMITH JUSTICE

230613F.P05

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