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In re Tran

Court of Appeals of Texas, First District
Jan 25, 2024
No. 01-24-00003-CV (Tex. App. Jan. 25, 2024)

Opinion

01-24-00003-CV

01-25-2024

IN RE ADAMS TRAN, Relator


Original Proceeding on Petition for Writ of Mandamus.

Panel consists of Goodman, Countiss, and Farris, Justices.

MEMORANDUM OPINION

PER CURIAM

Relator, Adams Tran, filed a petition for writ of mandamus asserting that the trial court had "abuse[d] its discretion in striking [relator's petition in] intervention where (a) there was no motion to strike pending and (b) [relator's] intervention was timely and proper." Relator's mandamus petition "prays for [mandamus to issue] and such other and further relief to which [relator] may be entitled."

The underlying case is Tony Buzbee v. Tammy Tran and Tammy Tran Attorneys at Law, L.P., Cause No. 2021-82608, in the 189th District Court of Harris County, Texas, the Honorable Tamika Craft-Demming presiding.

Our review of relator's mandamus petition reflects that relator has failed to establish that he is entitled to mandamus relief. See Tex. R. App. P. 52.3(i) (mandamus petition "must contain and short conclusion that clearly states the nature of the relief sought"), 52.3(k)(1)(A) (relator required to provide appendix which "must contain" certified or sworn copy of any "document showing the matter complained of"), 52.7(a)(1) (relator "must file" record with mandamus petition containing "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"), 52.8(a); see also Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) ("Our requirement that mandamus will not issue where there is an adequate remedy by appeal is well-settled."). Accordingly, we deny relator's petition for writ of mandamus. See Tex. R. App. P. 52.8(a). We dismiss any pending motions as moot.


Summaries of

In re Tran

Court of Appeals of Texas, First District
Jan 25, 2024
No. 01-24-00003-CV (Tex. App. Jan. 25, 2024)
Case details for

In re Tran

Case Details

Full title:IN RE ADAMS TRAN, Relator

Court:Court of Appeals of Texas, First District

Date published: Jan 25, 2024

Citations

No. 01-24-00003-CV (Tex. App. Jan. 25, 2024)