in Re: Tina Chapman and Vinson Chapman ( 2022 )

DENIED and Opinion Filed November 17, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01218-CV
IN RE TINA CHAPMAN AND VINSON CHAPMAN, Relators
Original Proceeding from the 302nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-14-07021
MEMORANDUM OPINION
Before Justices Myers, Nowell, and Goldstein
Opinion by Justice Goldstein
On November 15, 2022, relators filed a petition seeking a writ of mandamus
compelling the trial court to hold hearings on relators’ September 6, 2022 “Motion,
Pursuant to Rule 306a, to Determine Date on Which Notice of Judgment Was
Received or Actual Knowledge of Judgment Was Acquired” (the Rule 306a Motion)
and September 6, 2022 “Motion for New Trial, Motion for Reconsideration, and
Motion to Reform and Correct Judgment.” On November 16, 2022, relators filed an
amended petition seeking a writ of mandamus compelling the trial court to hold a
hearing on only relators’ Rule 306a Motion.
Entitlement to mandamus relief requires relators to show that the trial court
clearly abused its discretion and that relators lack 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’ amended petition and the record before us,
we conclude that relators have failed to demonstrate a clear abuse of discretion.
Accordingly, we deny relators’ amended petition for writ of mandamus. See
TEX. R. APP. P. 52.8(a).
Further, based on our review, the appendices attached to relators’ petition and
amended petition contain unredacted sensitive information, including a driver’s
license number and the full names, birthdates, and home addresses of minors, in
violation of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 9.9.
Accordingly, we strike relators’ Petition for Writ of Mandamus and Amended
Petition for Writ of Mandamus, including their attached appendices.
/Bonnie Lee Goldstein/
BONNIE LEE GOLDSTEIN
JUSTICE
221218F.P05
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