in Re: WWLC Investment, LP F/K/A WLC Investment, LP

• Court: Court of Appeals of Texas
• Decided: December 28, 2021
• Docket: 05-21-01155-CV
• Status: Published

Opinion

DENY and Opinion Filed December 28, 2021

S In the Court of Appeals Fifth District of Texas at Dallas No. 05-21-01155-CV

IN RE WWLC INVESTMENT, LP F/K/A WLC INVESTMENT, LP, Relator

Original Proceeding from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-04856-2015

MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Carlyle Opinion by Justice Carlyle Relator’s December 28, 2021 petition for writ of mandamus and motion for

emergency relief challenge the portion of the trial court’s December 10, 2021 order

requiring relator to pay $5,000 in sanctions to a non-party. Entitlement to mandamus

relief requires relator to show that the trial court has clearly abused its discretion and

that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d

124, 135–36 (Tex. 2004) (orig. proceeding).

As the party seeking relief, relator has the burden of providing the Court with

a properly authenticated mandamus record establishing the right to mandamus relief.

See TEX. R. APP. P. 52.3(k), 52.7(a); In re Butler, 270 S.W.3d 757, 759 (Tex. App.—

Dallas 2008, orig. proceeding) (requiring relator to submit certified or sworn record). Further, “[a] court cannot grant mandamus relief unless the error was raised in the

trial court.” In re Rowes, No. 05-14-00606-CV, 2014 WL 2452723, at *1 (Tex.

App.—Dallas May 30, 2014, orig. proceeding) (mem. op.). Based on the record

before us, we conclude relator has not shown its entitlement to the relief requested.

Accordingly, we deny the petition for writ of mandamus, and deny the motion for

emergency relief as moot.

/Cory L. Carlyle/ CORY L. CARLYLE JUSTICE

211155F.P05

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