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In re Wilmington Sav. Fund Soc'y, FSB

Court of Appeals of Texas, Fifth District, Dallas
Aug 9, 2023
No. 05-23-00613-CV (Tex. App. Aug. 9, 2023)

Opinion

05-23-00613-CV

08-09-2023

IN RE WILMINGTON SAVINGS FUND SOCIETY, FSB,NOT INDIVIDUALLY, BUT SOLELY AS TRUSTEE FOR NATIONSTAR HECM ACQUISITION TRUST 2020-1, Relator


Original Proceeding from the County Court at Law No. 1 Kaufman County, Texas Trial Court Cause No. 22C-123

Before Justices Reichek, Smith, and Kennedy

MEMORANDUM OPINION

CRAIG SMITH, JUSTICE

Before the Court is relator's June 22, 2023 petition for writ of mandamus wherein relator complains that the trial court has failed to issue a writ of possession.

Entitlement to mandamus relief requires a relator to demonstrate that the trial court clearly abused its discretion and that the relator lacks an adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). The relator bears the burden of providing the Court with a sufficient record to show it is entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). After reviewing relator's petition and the record before us, we conclude that relator has failed to demonstrate an entitlement to mandamus relief.

Further, we note that relator's record does not comply with the requirements of Texas Rule of Appellate Procedure 52. See Tex. R. App. P. 52.3(k)(1)(A), 52.7(a)(1).

Accordingly, we deny relator's petition for writ of mandamus. See Tex. R. App. P. 52.8(a).


Summaries of

In re Wilmington Sav. Fund Soc'y, FSB

Court of Appeals of Texas, Fifth District, Dallas
Aug 9, 2023
No. 05-23-00613-CV (Tex. App. Aug. 9, 2023)
Case details for

In re Wilmington Sav. Fund Soc'y, FSB

Case Details

Full title:IN RE WILMINGTON SAVINGS FUND SOCIETY, FSB,NOT INDIVIDUALLY, BUT SOLELY AS…

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

Date published: Aug 9, 2023

Citations

No. 05-23-00613-CV (Tex. App. Aug. 9, 2023)