In Re Maria Velasquez, Relator v. the State of Texas ( 2024 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-24-00192-CV
IN RE MARIA VELASQUEZ, RELATOR
ORIGINAL PROCEEDING
June 26, 2024
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and DOSS, JJ.
Before the Court is the petition of Maria Velasquez, Relator, for writ of mandamus.
Relator asserts that the trial court committed several errors in the underlying proceeding
involving Relator’s parental rights.
“Mandamus is an extraordinary remedy granted only when the relator shows that
the trial court abused its discretion and that no adequate appellate remedy exists.” In re
H.E.B. Grocery Co., L.P., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding) (per
curiam). Rule 52.3 of the Texas Rules of Appellate procedure sets forth the required form
and contents of a petition for a writ of mandamus. See TEX. R. APP. P. 52.3. It is Relator’s
burden to provide this Court with a record sufficient to establish her right to mandamus
relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); In re Villarreal, 96 S.W.3d
708, 710 (Tex. App.—Amarillo 2003, orig. proceeding). Petitions must include, among
other things, a proper appendix or record that includes a certified or sworn copy of the
document showing the matter complained of. TEX. R. APP. P. 52.3(k)(1)(A). Relator’s
petition does not include such a certified or sworn copy. Further, the petition does not
include other contents required by Rule 52.3, such as “a clear and concise argument for
the contentions made, with appropriate citations to authorities and to the appendix or
record.” See TEX. R. APP. P. 52.3(h).
Relator’s petition for writ of mandamus is unsupported by a proper record and lacks
substantive legal analysis. Relator has not established her entitlement to mandamus
relief. See Walker, 827 S.W.2d at 837. Accordingly, the petition is denied.
Judy C. Parker
Justice
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