In re Christy Lynne Powell

Summary

The Sixth Court of Appeals of Texas denied Christy Lynne Powell’s petition for a writ of mandamus seeking relief from trial court sanctions orders. The court held that Powell failed to comply with Texas Rule of Appellate Procedure 52.7(a)(1) because her appendix omitted the motions for sanctions, and it denied her emergency motion to stay enforcement as moot.

Holdings

1. A relator is not entitled to mandamus relief when the mandamus record fails to include certified or sworn copies of every material document filed in the underlying proceeding, including the motion upon which the challenged order is based.
2. The emergency motion to stay enforcement of the sanctions orders is moot after the court denied the petition for writ of mandamus.

Questions Presented

1. Whether Powell was entitled to mandamus relief from the trial court's sanctions orders when her mandamus appendix omitted the motions for sanctions underlying those orders.
2. Whether Powell's emergency motion to stay enforcement of the sanctions orders should be granted.

Disposition

writ_denied