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

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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