In re Persian Marshall

Summary

The Thirteenth Court of Appeals of Texas denied Persian Marshall’s petition for writ of mandamus. The court held that Marshall did not meet her burden to show entitlement to mandamus relief and lifted the previously imposed stay.

Holdings

1. A relator seeking mandamus relief must establish both that the trial court clearly abused its discretion and that the relator lacks an adequate remedy by appeal.
2. Persian Marshall did not satisfy her burden to obtain mandamus relief.

Questions Presented

1. Whether the trial court clearly abused its discretion by vacating a prior judge's orally rendered final judgment and ordering a complete retrial rather than using a clarifying order or limited hearing.
2. Whether Persian Marshall lacked an adequate remedy by appeal.
3. Whether Persian Marshall satisfied the requirements for mandamus relief.

Disposition

writ_denied