in Re: Susan Griffin Warren ( 2014 )

Deny and Opinion Filed September 17, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01163-CV
IN RE SUSAN GRIFFIN WARREN, Relator
Original Proceeding from the 302nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-14-06580
MEMORANDUM OPINION
Before Justices O'Neill, Lang, and Brown
Opinion by Justice Lang
Relator filed this petition for writ of mandamus challenging the trial court’s actions with
respect to her bill of review. The facts and issues are well-known to the parties so we do not
recount them here. Relator’s petition does not comply with the rules of appellate procedure.
TEX. R. APP. P. 52.3(j), (k); In re Butler, 270 S.W.3d 757, 759 (Tex. App.—Dallas 2008, orig.
proceeding) (denying petition for writ of mandamus because petition and record not
authenticated as required by the Texas Rules of Appellate Procedure). In addition, mandamus is
an extraordinary remedy that is available only in limited circumstances. CSR Ltd. v. Link, 925
S.W.2d 591, 596 (Tex. 1996) (orig. proceeding) (citing Walker v. Packer, 827 S.W.2d 833, 840
(Tex. 1992) (orig. proceeding)). Mandamus is appropriate “only to correct a clear abuse of
discretion or the violation of a duty imposed by law when there is no other adequate remedy by
law.” Id. Ordinarily, to obtain mandamus relief, a relator must show both 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); Walker, 827 S.W.2d at 839.
Relator has an adequate remedy by appeal. For these reasons, relator has failed to establish her
right to relief. TEX. R. APP. P. 52.8.
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
141163F.P05
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