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MANDAMUS - WHEN IS THE REMEDY AVAILABLE?

Mandamus will issue only to correct a clear abuse of discretion for which the relator has no adequate remedy at
law.  In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827
S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding).  

“A trial court has no ‘discretion’ in determining what the law is or applying the law to the facts,” and “a clear failure
by the trial court to analyze or apply the law correctly will constitute an abuse of discretion.”  Walker, 827 S.W.2d
at 840.  Because temporary orders in suits affecting the parent-child relationship are not appealable, mandamus
is an appropriate remedy when a trial court abuses its discretion. See Dancy v. Daggett, 815 S.W.2d 548, 549
(Tex. 1991) (orig. proceeding);  In re Herring, 221 S.W.3d 729, 730 (Tex. App.—San Antonio 2007, orig.
proceeding).

CONSENQUENCES OF
FAILURE TO COMPLY WITH MANDAMUS PETITION REQUIREMENTS

As an initial matter, neither of relator's petitions complies with the Texas Rules of Appellate Procedure.  
Relator's petitions do not include certification that he has reviewed either petition and has concluded that
every factual statement in his petitions is supported by competent evidence in the record.  See Tex. R.
App. P. 52.3(j).  Relator also has not filed a record with either petition that includes a sworn or certified
copy of every document that is material to relator's claims for relief and that was filed in the underlying
proceeding.  See Tex. R. App. P. 52.7(a)(1).
In re Robertson, Ted Lawrence (Tex. App. - Houston [14th Dist.]
Jun. 11, 200(per curiam) (mandamus relief denied, must secure ruling or refusal in trial court, default protective
order challenged in this case)
MOTION OR WRIT DENIED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-09-00478-CV In Re Ted Lawrence Robertson
Appeal from
312th District Court of Harris County


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