In the Court of Appeals Sixth Appellate District of Texas at Texarkana
No. 06-23-00077-CV
IN RE JENNIFER HEAIRET
Original Mandamus Proceeding
Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice Rambin
MEMORANDUM OPINION
Relator, Jennifer Heairet, has filed a petition for a writ of mandamus asking this Court to direct the Honorable J. Andrew Bench, presiding judge of the 196th Judicial District Court of Hunt County, Respondent, to enter an order transferring the underlying cause, as it relates to H.L.B. and H.S.B., to Gregg County, and transferring the underlying cause, as it relates to H.L.B., to Hopkins County. We deny the mandamus petition.
“Mandamus issues only when the mandamus record establishes (1) a clear abuse of discretion . . . , and (2) the absence of a clear and adequate remedy at law.” In re Blakeney, 254 S.W.3d 659, 661 (Tex. App.—Texarkana 2008, orig. proceeding) (citing Cantu v. Longoria, 878 S.W.2d 131 (Tex. 1994) (per curiam) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding)). The relator is obligated to “provid[e] this Court with a sufficient record to establish [his] right to mandamus relief.” Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); see In re Pilgrim’s Pride Corp., 187 S.W.3d 197, 198–99 (Tex. App.—Texarkana 2006, orig. proceeding); see TEX. R. APP. P. 52.3. “[T]he relator ‘must establish that the trial court could reasonably have reached only one decision,’ and that its finding to the contrary is ‘arbitrary and unreasonable.’” In re Dillard Dep’t Stores, Inc., 198 S.W.3d 778, 780 (Tex. 2006) (per curiam) (orig. proceeding) (quoting Walker, 827 S.W.2d at 840).
The Court, having examined and fully considered the petition for a writ of mandamus, the response of the real party in interest, the reply, the mandamus record, and the applicable law, and having noted the lack of an evidentiary hearing, is of the opinion that the petition should be denied.
Accordingly, we deny the petition for writ of mandamus.1
Jeff Rambin Justice
Date Submitted: November 2, 2023 Date Decided: November 3, 2023
1 As a result of our decision, we deny relator’s motion to stay as moot.