DENIED and Opinion Filed May 26, 2023
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00511-CV
IN RE KARLA D. STOVER AND ROBERT J.S. THOMPSON, Relators
Original Proceeding from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-07079
MEMORANDUM OPINION
Before Justices Pedersen, III, Nowell, and Miskel
Opinion by Justice Miskel
Before the Court is relators’ May 25, 2023 petition for writ of mandamus
wherein relators seek relief from the trial court’s denial of their motion to stay.
Entitlement to mandamus relief requires relators to demonstrate that the trial
court clearly abused its discretion and that they lack an adequate remedy by appeal.
In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). Relators bear the burden of providing the Court with a sufficient record
to show they are entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex.
1992) (orig. proceeding). Because the parties in an original proceeding assemble
their own record, this Court strictly enforces the requirements of rule 52 to ensure
the integrity of the mandamus record. In re Vasquez, No. 05-15-00592-CV, 2015
WL 2375504, at *1 (Tex. App.—Dallas May 18, 2015, orig. proceeding) (mem. op.).
Relators’ record does not comply with the requirements of Texas Rule of
Appellate Procedure 52. See TEX. R. APP. P. 52.7(a)(2). Relators’ petition shows that
the trial court held a hearing on their motion to stay, but relators did not include
either a properly authenticated transcript of any relevant testimony or a statement
that no testimony was adduced in connection with the matter complained. See id. As
a result, we conclude that relators have failed to meet their burden to provide a
sufficient record.
Alternatively, were we to suspend operation of rule 52.7(a)(2), after reviewing
relators’ petition and the record before us, we conclude that relators have failed to
demonstrate entitlement to mandamus relief.
Accordingly, we deny relators’ petition for writ of mandamus. We also deny
relators’ motion for emergency stay of proceedings as moot.
/Emily Miskel//
230511f.p05 EMILY MISKEL
JUSTICE
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