in Re Reba Ann and D.L. Johnson

NUMBER 13-19-00216-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE REBA ANN JOHNSON AND D.L. JOHNSON
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Perkes
Memorandum Opinion by Justice Longoria 1
Relators Reba Ann Johnson and D.L. Johnson filed a petition for writ of mandamus
with request for emergency relief in the above cause on May 6, 2019. Through this
original proceeding, relators contend that the trial court abused its discretion by allowing
discovery to proceed prior to the resolution of a pending motion to dismiss filed under the
Texas Citizens Participation Act while relators are without counsel. Relators seek to stay
all trial court proceedings pending resolution of their petition for writ of mandamus.
1 See TEX. R. APP. P. 52.8(d) (“When granting relief, the court must hand down an opinion as in
any other case,” but when “denying relief, the court may hand down an opinion but is not required to do
so.”); id. R. 47.4 (distinguishing opinions and memorandum opinions).
Mandamus is an extraordinary remedy issued at the discretion of the court. In re
Garza, 544 S.W.3d 836, 840 (Tex. 2018) (orig. proceeding) (per curiam). To obtain relief
by writ of mandamus, a relator must establish that an underlying order is void or a clear
abuse of discretion and that no adequate appellate remedy exists. In re Nationwide Ins.
Co. of Am., 494 S.W.3d 708, 712 (Tex. 2016) (orig. proceeding); In re Prudential Ins. Co.
of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827
S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). The relator has the burden of
providing the Court with a sufficient mandamus record to establish the right to mandamus
relief. Walker, 827 S.W.2d at 837; In re Athans, 458 S.W.3d 675, 676 (Tex. App.—
Houston [14th Dist.] 2015, orig. proceeding); see TEX. R. APP. P. 52.3(k) (specifying the
required contents for the appendix); id. R. 52.7(a) (specifying the required contents for
the record).
The Court, having examined and fully considered the petition for writ of mandamus,
and the applicable law, is of the opinion that the relators have not met their burden to
obtain mandamus relief. The petition is not in compliance with Texas Rule of Appellate
Procedure 52 and lacks an appendix or record. See generally TEX. R. APP. P. 52.3; id. R.
52.7. Accordingly, we deny the petition for writ of mandamus and the request for
temporary relief without prejudice.
NORA L. LONGORIA
Justice
Delivered and filed the
6th day of May, 2019.
2