in Re Roxanne Monique Kennedy ( 2020 )

Revised Opinion issued December 22, 2020
In The
Court of Appeals
For The
First District of Texas
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NO. 01-20-00061-CV
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IN RE ROXANNE MONIQUE KENNEDY, Relator
On Appeal from the 306th District Court
Galveston County, Texas
Trial Court Case No. 15-FD-2255
REVISED MEMORANDUM OPINION
Relator Roxanne Monique Kennedy seeks mandamus relief concerning the
trial court’s failure to proceed to trial, failure to rule on pending motions, and
issuance of the November 2016 temporary order without required pleading and
without the requirements of a temporary injunction.1
The Court withdraws its opinion of April 28, 2020 and issues this opinion in
its place. Because relator has not established her entitlement to mandamus relief,2
we deny her petition. See TEX. R. APP. P. 52.8.
PER CURIAM
Panel consists of Chief Justice Radack, and Justices Kelly and Goodman.
1
The underlying case is In the Matter of the Marriage of Christopher Kyle Kennedy
and Roxanne Kennedy and In the Interest of K.T.K. and R.V.K., Children, cause
number 15-FD-2255, pending in the 306th District Court of Galveston County,
Texas, the Honorable Anne B. Darring, Presiding.
2
Relator has failed to file a sufficient record to show proper filing, request for ruling,
and refusal to rule on the motions the subject of this mandamus. See O’Connor v.
First Court of Appeals, 837 S.W.2d 94, 97 (Tex. 1992) (orig. proceeding) (although
duty to rule on properly-filed and pending motion is generally ministerial, relator
must meet three requirements: “(1) a legal duty to perform, (2) a demand for
performance, and (3) a refusal to act.”). Relator provided a trial court docket sheet
of more than 60 pages and letters to the trial court listing documents. This filing is
insufficient to show that relator is entitled to mandamus relief.
2