In re Melissa Lopez

Summary

The Texas Court of Appeals, Third District, denied Melissa Lopez’s petition for writ of mandamus seeking relief from the denial of her motion to withdraw deemed admissions. The court concluded that Lopez failed to provide a sufficient record to establish entitlement to mandamus relief and lifted the temporary stay of proceedings.

Holdings

1. A relator seeking mandamus relief must request and properly establish entitlement to extraordinary relief, including by providing a sufficient record from which the appellate court can evaluate the claim.
2. Lopez failed to show entitlement to mandamus relief because she did not provide a sufficient record from which the court could evaluate the merits of her petition.

Questions Presented

1. Whether Lopez established entitlement to mandamus relief from the trial court's denial of her motion to withdraw deemed admissions.
2. Whether the petition should be denied because Lopez failed to provide a sufficient record.

Disposition

writ_denied