DENIED and Opinion Filed October 17, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00867-CV
IN RE TOWN OF ADDISON, Relator
Original Proceeding from the County Court at Law No. 1
Dallas County, Texas
Trial Court Cause No. CC-23-01398-A
MEMORANDUM OPINION
Before Justices Reichek, Smith, and Kennedy
Opinion by Justice Reichek
Before the Court is relator’s September 1, 2023 petition for writ of mandamus.
The suit underlying this original proceeding is an eminent domain case. On March
24, 2023, the trial court issued an order appointing special commissioners to
determine the value of the property at issue and to assess the damages, if any, in
accordance with the law. Relator asks this Court to compel the trial court to provide
relator with the special commissioners’ contact information as required by section
21.014(a) of the Texas Property Code.
“As a rule, mandamus is not available to compel an action which has not first
been demanded and refused.” Terrazas v. Ramirez, 829 S.W.2d 712, 723 (Tex. 1991)
(orig. proceeding). A trial court is not required to consider a motion that has not been
called to its attention. In re Prado, 522 S.W.3d 1, 2 (Tex. App.—Dallas 2017, orig.
proceeding) (mem. op.); In re Liverman, 658 S.W.3d 881, 882–83 (Tex. App.—El
Paso 2022, orig. proceeding); In re Gomez, 602 S.W.3d 71, 74 (Tex. App.—Houston
[14th Dist.] 2020, orig. proceeding); In re Rangel, 570 S.W.3d 968, 969 (Tex.
App.—Waco 2019, orig. proceeding); In re Blakeney, 254 S.W.3d 659, 662 (Tex.
App.—Texarkana 2008, orig. proceeding). The mere filing of a motion does not
establish that the motion was brought to the trial court’s attention. Liverman, 658
S.W.3d at 882–83; Gomez, 602 S.W.3d at 74; Blakeney, 254 S.W.3d at 662.
Relator bears the burden of providing the Court with a sufficient record to
show it is entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992)
(orig. proceeding). Although relator filed a motion asking the trial court to provide
the special commissioners’ contact information as an alternative to other relief
requested, the record before us does not show relator called the motion to the trial
court’s attention and requested a ruling. Therefore, relator failed to establish that it
first demanded provision of the contact information and the trial court refused. See
Terrazas, 829 S.W.2d at 723.
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Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a).
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
230867F.P05
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