DENY and Opinion filed August 18, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00800-CV
IN RE WILLIAM LISLE AND SMITH LISLE HOLDINGS, LTD., Relators
Original Proceeding from the 416th Judicial District Court
Collin County, Texas
Trial Court Cause No. 416-00639-2015
MEMORANDUM OPINION
Before Justices Myers, Nowell, and Goldstein
Opinion by Justice Goldstein
Before the Court are relators’ August 12, 2022 petition for writ of
mandamus and motion for emergency relief. Relators challenge the trial court’s
July 26, 2022 Order Denying Defendants’ Emergency Motions for Approval of
Remediation Solution as Compliance with Injunction and Order Enforcing
Permanent Injunction. Also before the Court is real party in interest DO-MO
JOINT VENTURE’s August 16, 2022 Opposition to Motion for Temporary Relief
and Motion to Strike Portions of Relators’ Appendix Not Admitted Before the
Trial Court.
Entitlement to mandamus relief requires relators to show that the trial court
has clearly abused its discretion and that relators have no adequate appellate
remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding).
Relators have failed to comply with requirements set out in Texas Rule of
Appellate Procedure 52 for filing a petition for writ of mandamus. Relators failed
to provide in the appendix or record in support of the petition a sworn or certified
copy of the challenged order and of every document that is material to the relators’
claim for relief that was filed in any underlying proceeding and a properly
authenticated transcript of any relevant testimony. See TEX. R. APP. P.
52.3(k)(1)(A), 52.7(a). We conclude that relators, as the parties seeking relief,
have not met the burden of providing the Court an adequate record to establish a
right to mandamus relief.
Accordingly, we deny relators’ petition for writ of mandamus. Having
denied mandamus relief, we also deny the pending motions as moot.
/Bonnie Lee Goldstein/
BONNIE LEE GOLDSTEIN
JUSTICE
220800F.P05