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In re Bone

Court of Appeals of Texas, Fifth District, Dallas
Apr 6, 2022
No. 05-22-00305-CV (Tex. App. Apr. 6, 2022)

Opinion

05-22-00305-CV

04-06-2022

IN RE HOLLY BONE, Relator


Original Proceeding from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-13719

Before Justices Myers, Nowell, and Goldstein

MEMORANDUM OPINION

BONNIE LEE GOLDSTEIN, JUSTICE.

In this mandamus proceeding, relator challenges the trial court's April 6, 2022 order granting real parties' "Motion for Leave to File Trial Amendment to Amend Second Amended Petition for Fraudulent Transfer, Application for Temporary Restraining Order, and Temporary Permanent Injunction." The complained-of order requires relator to electronically transfer funds from three named accounts as well as from any undisclosed account into the registry of the court.

Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that she lacks an adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). "Those seeking the extraordinary remedy of mandamus must follow the applicable procedural rules. Chief among these is the critical obligation to provide the reviewing court with a complete and adequate record." In re Le, 335 S.W.3d 808, 813 (Tex. App-Houston [14th Dist.] 2011, orig. proceeding).

Here, the only document provided in support of the petition is the complained-of order. That order indicates the trial court conducted an evidentiary hearing. Without a transcript of that hearing, and without a copy of the motion and any evidence produced in support of that motion, relator has failed to meet her burden to supply this Court with an adequate record. We deny the petition for writ of mandamus. See Tex. R. App. P. 52.8.


Summaries of

In re Bone

Court of Appeals of Texas, Fifth District, Dallas
Apr 6, 2022
No. 05-22-00305-CV (Tex. App. Apr. 6, 2022)
Case details for

In re Bone

Case Details

Full title:IN RE HOLLY BONE, Relator

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

Date published: Apr 6, 2022

Citations

No. 05-22-00305-CV (Tex. App. Apr. 6, 2022)