in Re: The Honorable Suzanne Wooten ( 2019 )

Denied; Opinion Filed December 9, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01499-CV
IN RE THE HONORABLE SUZANNE WOOTEN, Relator
Original Proceeding from
Collin County, Texas
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Evans
Opinion Per Curiam
Before the Court are relator’s December 6, 2019 petition for writ of mandamus and
emergency motion for temporary relief, respondent’s response, and relator’s reply.
Relator’s petition for writ and emergency motion seek relief with respect to her request
that we compel respondent to include her name on the March 3, 2020 ballot for the Republican
primary for the November 2020 general election, as a candidate for presiding judge of the 401st
Judicial District Court of Texas.
Entitlement to mandamus relief requires relator to show both that respondent has clearly
abused his discretion and that relator has no adequate appellate remedy at law. In re Prudential
Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding); see also, In re Pena, 05-17-
00209-CV, 2017 WL 2062274, at *2 (Tex. App.—Dallas Mar. 6, 2017, orig. proceeding). After
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reviewing the petition and the mandamus record, as well as the response and the reply, we
conclude relator has not shown she is entitled to the relief requested.
Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P.
52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief
sought). So as not to prejudice the parties’ rights or remedies, we have expedited our decision in
this mandamus proceeding. See In re Jones, No. 05-18-00065-CV, 2018 WL 549531, at*2 (Tex.
App.—Dallas Jan. 24, 2018 orig. proceeding) (mem. op) (per curium). A supplemental opinion
providing the basis for our ruling will follow as expeditiously as possible.
PER CURIAM
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