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In re 1 Coventry Court, LLC

Court of Appeals of Texas, Fifth District, Dallas
May 10, 2023
No. 05-23-00421-CV (Tex. App. May. 10, 2023)

Opinion

05-23-00421-CV

05-10-2023

IN RE 1 COVENTRY COURT, LLC, MOSHE FELDHENDLER, AND LEAH FELDHENDLER, Relators


Original Proceeding from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-01541

Before Justices Pedersen, III, Nowell, and Miskel

MEMORANDUM OPINION

EMILY MISKEL JUSTICE

In their May 5, 2023 petition for writ of mandamus, relators seek relief from the trial court's contempt order.

Entitlement to mandamus relief requires relators to demonstrate that the trial court clearly abused its discretion and that they lack an adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Relators bear the burden of providing the Court with a sufficient record to show they are entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding).

Relators' record does not comply with the requirements of Texas Rule of Appellate Procedure 52. See Tex. R. App. P. 52.7(a)(2). Specifically, the petition and record indicate that there were two hearings in connection with the contempt order from which relators seek mandamus relief. Relators did not include a properly authenticated transcript of any relevant testimony from such contempt hearings or a statement that no testimony was adduced in connection with the contempt order. See Tex. R. App. P. 52.7(a)(2). Without a sufficient record, relators have failed to carry their burden.

Accordingly, we deny relators' petition for writ of mandamus.


Summaries of

In re 1 Coventry Court, LLC

Court of Appeals of Texas, Fifth District, Dallas
May 10, 2023
No. 05-23-00421-CV (Tex. App. May. 10, 2023)
Case details for

In re 1 Coventry Court, LLC

Case Details

Full title:IN RE 1 COVENTRY COURT, LLC, MOSHE FELDHENDLER, AND LEAH FELDHENDLER…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: May 10, 2023

Citations

No. 05-23-00421-CV (Tex. App. May. 10, 2023)