Court of Civil Appeals of Texas, 2024

In Re: Angelia Smith and Kelvin Smith v. the State of Texas

In Re: Angelia Smith and Kelvin Smith v. the State of Texas
Court of Civil Appeals of Texas · Decided December 10, 2024

In Re: Angelia Smith and Kelvin Smith v. the State of Texas

Opinion

DENIED and Opinion Filed December 10, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01390-CV IN RE ANGELIA SMITH AND KELVIN SMITH, Relators Original Proceeding from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-21-05552-D MEMORANDUM OPINION Before Justices Pedersen, III, Smith, and Garcia Opinion by Justice Pedersen, III Before the Court is relators’ November 26, 2024 petition for writ of mandamus seeking to vacate a writ of possession.

Relators’ petition does not comply with the Texas Rules of Appellate Procedure and thus does not meet the requirements for consideration of mandamus relief. See, e.g., TEX. R. APP. P. 52.1, 52.3(a), 52.3(d)–(h), 52.3(j), 52.3(k)(1)(A), 52.7(a).

Additionally, even if relators’ petition complied with the rules to meet the requirements for consideration of mandamus relief, entitlement to mandamus relief requires a relator to show that the trial court clearly abused its discretion and that the relator lacks an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing relators’ petition and the record before us, we conclude that relators have failed to demonstrate entitlement to mandamus relief.

Accordingly, for each of the above independent and alternative reasons, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

241390f.p05 /Bill Pedersen, III// BILL PEDERSEN, III JUSTICE

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