Unreported / Non-Citable
Background
EAndre Juwon Mott petitioned for a writ of mandamus directing either the trial court or the district clerk to provide him with copies of the clerk’s record and reporter’s record from Trial Cause No. F-235,262. Mott asserted that he was indigent and needed the record to pursue appellate relief or other remedies.
The trial-court cause number corresponded to an earlier appeal, In the Interest of E.M. and E.B., in which the Ninth Court of Appeals affirmed the trial court’s judgment in 2022. Mott did not petition for further review in that appeal.
The Court’s Holding
The court denied mandamus relief. It explained that mandamus is available to correct a clear abuse of discretion by a trial court only when the relator lacks an adequate appellate remedy.
The court concluded that Mott had exhausted his right to appeal and had not identified any other currently available remedy for which he would be entitled to receive a free record. It therefore denied the petition under Texas Rule of Appellate Procedure 52.8(a).
Key Takeaways
- Indigency alone does not establish a right to free copies of a clerk’s record and reporter’s record for unspecified future proceedings.
- A mandamus relator must show a clear abuse of discretion and the absence of an adequate remedy by appeal.
- After an appeal has concluded, a relator seeking a free record must identify an available remedy for which access to that record is legally required.
Why It Matters
The decision underscores that a request for a free appellate record must be tied to a specific, presently available form of relief. A general assertion that the record may be needed for appellate or other remedies is insufficient once the ordinary appeal has been exhausted.