In Re: State Farm Mutual Automobile Insurance Company and Jeri Charlotte Ramos v. the State of Texas ( 2023 )

DENIED and Opinion Filed December 1, 2023
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-01209-CV
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
AND JERI CHARLOTTE RAMOS, Relators
Original Proceeding from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-23-02251-B
MEMORANDUM OPINION
Before Justices Partida-Kipness, Carlyle, and Garcia
Opinion by Justice Carlyle
Before the Court are relators’ November 30, 2023 petition for writ of
mandamus and emergency motion for temporary relief. In their petition, relators
challenge a trial court order compelling their respective depositions. In their
emergency motion, relators seek to stay the depositions pending our action on the
petition.
Entitlement to mandamus relief requires a relator to show that the trial court
clearly abused its discretion and that the relator lacks an adequate appellate remedy.
In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). The relator bears the burden of providing the Court with a sufficient
record to show it is entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex.
1992) (orig. proceeding).
Relators’ petition does not comply with the Texas Rules of Appellate
Procedure. See, e.g., TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1), 52.7(a)(2). For
instance, relator attempted to swear to the authenticity of the documents in the record
using an attorney’s verification. But the verification is defective because it is written
in relation to a separate lawsuit and is signed by an attorney who does not appear to
be counsel of record.
Alternatively, notwithstanding these defects, after reviewing relator’s petition
and the record before us, we conclude that relator has failed to demonstrate
entitlement to mandamus relief. See In re State Farm Mut. Auto. Ins. Co., No. 05-
23-01062-CV, 2023 WL 7984390, at *1 (Tex. App.—Dallas Nov. 17, 2023, orig.
proceeding) (mem. op.). Accordingly, we deny the petition for writ of mandamus.
See TEX. R. APP. P. 52.8(a).
We also deny relators’ emergency motion for temporary relief as moot.
/Cory L. Carlyle//
231209f.p05 CORY L. CARLYLE
JUSTICE
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