Unreported / Non-Citable
Background
Marilyn Beard filed an original proceeding seeking a writ of mandamus from the Texas Ninth Court of Appeals. She asked the appellate court to compel the trial court to rule on her emergency applications and motion to compel.
Beard also sought an order requiring the real party in interest to produce allegedly withheld Rule 194 initial disclosures and discovery materials. Her petition, however, was not accompanied by the appendix and record required by Texas Rules of Appellate Procedure 52.3(l) and 52.7.
The Court’s Holding
The court denied Beard’s mandamus petition because she failed to provide a sufficient record establishing her entitlement to relief. As the relator, Beard bore the burden of furnishing the materials necessary for the appellate court to evaluate her claims.
Without the required record, the court could not determine whether mandamus relief was warranted. It therefore denied the petition without prejudice under Texas Rule of Appellate Procedure 52.8(a), leaving Beard free to seek relief again with a compliant record.
Key Takeaways
- A mandamus relator must provide the appendix and record required by the Texas Rules of Appellate Procedure.
- An appellate court cannot assess entitlement to extraordinary relief when the supporting record is absent.
- The denial was without prejudice and did not decide the merits of Beard’s requests concerning trial-court rulings or discovery production.
Why It Matters
The opinion underscores that mandamus relief depends not only on the asserted merits but also on strict compliance with appellate filing requirements. A relator seeking to compel a trial-court ruling or discovery production must supply a record that allows the appellate court to verify the relevant facts and procedural history.