In Re Taylor Lamonica Lee v. the State of Texas ( 2024 )

Opinion issued April 9, 2024
In The
Court of Appeals
For The
First District of Texas
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NO. 01-24-00216-CV
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IN RE TAYLOR LAMONICA LEE, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator Taylor Lamonica Lee filed a petition for writ of mandamus, asking
that we vacate the trial court’s orders signed on September 11, 2023 and December
15, 2023, require the return of N.P. and O.L.P, minor children to relator’s care,
custody, and control, and require the trial court to lift all restrictions on that care,
custody, and control.1
To show entitlement to mandamus relief, a relator must establish that the
trial court abused its discretion and the relator lacks an adequate remedy by appeal.
See In re McDaniel, 408 S.W.3d 389, 396 (Tex. App.—Houston [1st Dist.] 2011,
orig. proceeding). A relator must provide the court with a record sufficient to
establish the right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837
(Tex. 1992); TEX. R. APP. P. 52.3(k) (relator must include appendix to petition for
writ of mandamus containing a certified or sworn copy of order complained of),
52.7 (relator must file with petition for writ of mandamus certified or sworn copy
of every document material to relator’s claim for relief).
According to relator, no evidence was presented at a hearing held on August
22, 2023 to support removal of the children from relator’s care, custody, and
control. Relator has not provided this Court with a copy of the order complained
of or a hearing record or any other documentation that might establish her right to
relief. Without a sufficient record, relator has not established her entitlement to
mandamus relief. See Walker, 827 S.W.2d at 837.
1
The underlying case is Office of the Attorney General v. Marcel Lamar Primes,
cause number 2019-39115, pending in the 311th District Court of Harris County,
Texas, the Honorable Germaine Tanner presiding.
2
Accordingly, the petition is denied. See TEX. R. APP. P. 52.8. Any pending
motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Goodman, Landau, and Hightower.
3