in Re: Barbara Johnson ( 2022 )

DENY and Opinion Filed May 12, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00969-CV
IN RE BARBARA JOHNSON, Relator
Original Proceeding from the 254th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-10-14794
MEMORANDUM OPINION
Before Justices Osborne, Pedersen, III, and Goldstein
Opinion by Justice Goldstein
Before the Court is relator’s petition for writ of mandamus. In the petition,
relator challenges the trial court’s order dismissing as untimely relator’s appeal of
the associate judge’s temporary orders in the underlying family court proceeding.
Entitlement to mandamus relief requires relator to show that the trial court
clearly abused its discretion and that they lack an adequate appellate remedy. In re
Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing In re
Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding)). As
the party seeking relief, relators have the burden of providing the Court with a
certified or sworn copy of every document that is material to establishing their right
to mandamus relief. See TEX. R. APP. P. 52.3(k), 52.7(a); In re Butler, 270 S.W.3d
757, 759 (Tex. App.—Dallas 2008, orig. proceeding) (requiring relator to submit a
record containing certified or sworn copies). Because not all of the documents
included in the record are certified by a trial court clerk or adequately sworn copies,
we conclude relator has failed to meet this burden.
Accordingly, we deny the petition for writ of mandamus without prejudice to
refiling a petition with a record that complies with Texas Rule of Appellate
Procedure 52. See TEX. R. APP. P. 52.7(a).
/Bonnie Lee Goldstein/
BONNIE LEE GOLDSTEIN
JUSTICE
210969F.P05
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