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in Re: Catherine Haynes

Citation: Not availableDocket: 05-14-00113-CV

Court: Court of Appeals of Texas; February 17, 2014; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Relator Catherine Haynes filed a petition for a writ of mandamus, claiming that the trial court abused its discretion by denying her motion to show authority under Rule 12 of the Texas Rules of Civil Procedure. The Court of Appeals for the Fifth District of Texas reviewed the case, determining that the underlying facts and issues were already familiar to the parties involved and did not require reiteration. After examining the record, the court concluded that Haynes failed to demonstrate entitlement to the requested relief. Consequently, the court denied the petition for writ of mandamus, with the opinion authored by Justice Elizabeth Lang-Miers.

Legal Issues Addressed

Burden of Proof in Mandamus Proceedings

Application: The relator, Catherine Haynes, was required to demonstrate entitlement to relief, but the court concluded she failed to meet this burden.

Reasoning: After examining the record, the court concluded that Haynes failed to demonstrate entitlement to the requested relief.

Judicial Discretion in Denying Writ of Mandamus

Application: The court's decision to deny the petition was based on the finding that the relator did not establish a clear right to the relief sought.

Reasoning: Consequently, the court denied the petition for writ of mandamus, with the opinion authored by Justice Elizabeth Lang-Miers.

Writ of Mandamus Standards

Application: The court evaluated whether the trial court abused its discretion in the denial of a motion under Rule 12 of the Texas Rules of Civil Procedure, ultimately finding no abuse of discretion.

Reasoning: Relator Catherine Haynes filed a petition for a writ of mandamus, claiming that the trial court abused its discretion by denying her motion to show authority under Rule 12 of the Texas Rules of Civil Procedure.