in Re Janata Montgomery

DENY; and Opinion Filed July 25, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00834-CV
IN RE JANATA MONTGOMERY, Relator
Original Proceeding from the 303rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-18-00132
MEMORANDUM OPINION
Before Justices Bridges, Osborne, and Carlyle
Opinion by Justice Osborne
Before the Court is relator’s petition for writ of mandamus. To be entitled to mandamus
relief, a relator must show both that the trial court has clearly abused its discretion and that relator
has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004)
(orig. proceeding). “Due to the extraordinary nature of the remedy, the right to mandamus relief
generally requires a predicate request for action by the respondent, and the respondent’s erroneous
refusal to act.” In re Coppola, 535 S.W.3d 506, 510 (Tex. 2017) (orig. proceeding). As the party
seeking relief, the relator has the burden of providing the Court with a sufficient mandamus record
to establish her right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992)
(orig. proceeding). Based on the record before us, we conclude relator has not shown she is entitled
to the relief requested. Accordingly, we deny relator’s petition for writ of mandamus. See TEX.
R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled
to the relief sought).
/Leslie Osborne/
LESLIE OSBORNE
JUSTICE
190834F.P05
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