CourtListener 10295704•In Re: Angelia Smith and Kelvin Smith v. the State of Texas
In Re: Angelia Smith and Kelvin Smith v. the State of Texas
CourtListener 10295704Txctapp510 dic 2024
Testo completo
DENIED and Opinion Filed December 10, 2024
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-01390-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 Pedersen, III
Before the Court is relators’ November 26, 2024 petition for 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), 52.3(d)–(h), 52.3(j), 52.3(k)(1)(A),
52.7(a).
Additionally, even if relators’ petition complied with the rules to meet the
requirements for consideration of mandamus relief, 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).
241390f.p05 /Bill Pedersen, III//
BILL PEDERSEN, III
JUSTICE
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