Court of Civil Appeals of Texas, 2022

in Re Holly Bone

in Re Holly Bone
Court of Civil Appeals of Texas · Decided April 6, 2022

in Re Holly Bone

Opinion

DENY and Opinion Filed April 6, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00305-CV IN RE HOLLY BONE, Relator Original Proceeding from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-13719 MEMORANDUM OPINION Before Justices Myers, Nowell, and Goldstein Opinion by Justice Goldstein 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.

/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN JUSTICE 220305F.P05

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