in Re the Guardianship of James Fairley ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00190-CV
IN RE THE GUARDIANSHIP OF JAMES FAIRLEY
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: April 4, 2018
PETITION FOR WRIT OF MANDAMUS DENIED
Relator filed a petition for writ of mandamus, a motion for emergency injunctive relief,
and an amended motion for emergency injunctive relief. In her petition, relator complains about
numerous trial court orders, some issued as early as 2014, in the guardianship proceeding of her
father. Relator asserts the trial court abused its discretion in entering void orders; therefore, she is
entitled to seek mandamus relief.
As the party seeking mandamus relief, relator “had the burden of providing this Court with
a sufficient record to establish [her] right to mandamus relief.” Walker v. Packer, 827 S.W.2d
833, 837 (Tex. 1992) (orig. proceeding). Relator attached copies of the orders, various motions,
the transcript of a March 19, 2013 hearing at which an agreement between all parties was read into
1
This proceeding arises out of Cause No. 2011PC1068, styled In re Guardianship of James E. Fairley, An
Incapacitated Person, pending in the Probate Court No 2, Bexar County, Texas, the Tom Rickhoff presiding. The
Honorable Polly Jackson Spencer signed some of the orders at issue in this proceeding.
04-18-00190-CV
the record, and copies of other documents. However, because it appears evidentiary hearings were
held on the subject matter of some or all of the orders, relator had the burden of providing this
court with a reporter’s record from any hearing. Id. Relator provides no mandamus record to
show she presented evidence at any hearing or brought her complaints to the attention of the trial
court.
Because relator failed to provide us with a sufficient record, she is not entitled to the relief
sought. See id. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P.
52.8(a). The emergency motion and the amended emergency motion for injunctive relief are also
denied.
PER CURIAM
-2-