In Re: Angelia Smith and Kelvin Smith v. the State of Texas

DENIED and Opinion Filed November 22, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-01380-CV

IN RE ANGELIA SMITH AND KELVIN SMITH, Relators

Original Proceeding from the County Court at Law No. 4
Dallas County, Texas
Trial Court Cause No. CC-21-05552-D

MEMORANDUM OPINION
Before Justices Pedersen, III, Smith, and Garcia
Opinion by Justice Garcia
Before the Court is relators’ November 22, 2024 petition for emergency writ

of mandamus seeking to vacate a writ of possession.

Relators’ petition does not comply with the Texas Rules of Appellate

Procedure and thus does not meet the requirements for consideration of mandamus

relief. See, e.g., TEX. R. APP. P. 52.1, 52.3(a)–(h), 52.3(j), 52.3(k)(1)(A), 52.7(a).

Additionally, even if relators’ record contained properly certified or sworn

documents as required by the rules, entitlement to mandamus relief requires a relator

to show that the trial court clearly abused its discretion and that the 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 relators’ petition and the record

before us, we conclude that relators have failed to demonstrate entitlement to

mandamus relief.

Accordingly, for each of the above independent and alternative reasons, we

deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

/Dennise Garcia
DENNISE GARCIA
241380F.P05 JUSTICE

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