Opinion
05-23-00715-CV
07-31-2023
IN RE KELI JO WHALING, Relator
Original Proceeding from the 469th Judicial District Court Collin County, Texas Trial Court Cause No. 469-54222-2018
Before Justices Molberg, Goldstein, and Breedlove
MEMORANDUM OPINION
BONNIE LEE GOLDSTEIN JUSTICE
Relator's July 21, 2023 petition for writ of mandamus seeks relief from the trial court's order granting real party in interest's motion for the judge to confer with the child in the underlying suit affecting the parent-child relationship. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that she lacks an adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).
At the threshold, relator's petition does not comply with the Texas Rules of Appellate Procedure because she has failed to provide adequately sworn or certified copies of every document material to her claim for relief. See Tex. R. App. P. 52.3(k)(1) (stating an appendix must contain "a certified or sworn copy of any order complained of, or any other document showing the matter complained of"), 52.7(a)(1) (requiring a relator to file with a petition "a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding"). In any event, after reviewing the petition and the record before us, we conclude that relator has failed to show a clear abuse of discretion. Accordingly, we deny the petition on the merits. See Tex. R. App. P. 52.8(a).
Additionally, the appendix contains unredacted sensitive data, including a minor's full name, in violation of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 9.9(a)(3), (b). Accordingly, we also strike the appendix.