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In re Grantham

Court of Appeals of Texas, Fifth District, Dallas
May 20, 2022
No. 05-22-00077-CV (Tex. App. May. 20, 2022)

Opinion

05-22-00077-CV

05-20-2022

IN RE DAVID S. GRANTHAM, Relator


Original Proceeding from the 469th Judicial District Court Collin County, Texas Trial Court Cause No. 469-52594-2016

Before Justices Schenck, Reichek, and Carlyle

MEMORANDUM OPINION

AMANDA L. REICHEK JUSTICE

Before the Court is relator's pro se petition for writ of mandamus in which he challenges the trial court's order denying relator's special appearance plea to the jurisdiction.

Relator filed the petition as a motion for emergency relief in cause number 05-21-01047-CV, a then pending appeal. Because the motion contained a statement of jurisdiction stating we had "jurisdiction over this mandamus proceeding" and clearly sought mandamus relief, we treated the motion as a petition for writ of mandamus and assigned it a new cause number.

Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that he lacks an adequate appellate remedy. In re Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing 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, relator failed to meet his burden to supply this Court with an adequate record in support of his request for mandamus relief. Consequently, we deny relator's petition for writ of mandamus. See Tex. R. App. P. 52.8.


Summaries of

In re Grantham

Court of Appeals of Texas, Fifth District, Dallas
May 20, 2022
No. 05-22-00077-CV (Tex. App. May. 20, 2022)
Case details for

In re Grantham

Case Details

Full title:IN RE DAVID S. GRANTHAM, Relator

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

Date published: May 20, 2022

Citations

No. 05-22-00077-CV (Tex. App. May. 20, 2022)