In Re: Darlene C. Balistreri-Amrhein Appeal from County Court at Law No. 6 of Collin County (memorandum opinion)
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Denied and Opinion Filed June 11, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00633-CV No. 05-18-00634-CV IN RE DARLENE C. BALISTRERI-AMRHEIN, Relator Original Proceeding from the County Court at Law No. 6 Collin County, Texas Trial Court Cause Nos. 006-02654-2017 and 005-02654-2017 MEMORANDUM OPINION Before Justices Francis, Evans, and Schenck Opinion by Justice Francis Before the Court is relator’s May 30, 2018 petition for writ of mandamus in which she complains of a May 14, 2018 order declaring her a vexatious litigant. To be entitled to mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). It is relator’s burden to provide the court with a record sufficient to establish her right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); TEX. R. APP. P. 52.3, 52.7. Based on the record before us, we conclude relator has not shown she is entitled to the relief requested. Relator has not provided the Court with a certified or sworn copy of the order complained of and she has an adequate remedy by appeal. See In re Jackson, No. 07-15-00429CV, 2015 WL 8781272, at *1 (Tex. App.—Amarillo Dec. 11, 2015, orig. proceeding) (mem. op.) (mandamus denied because relator had adequate remedy by appeal to seek review of order finding relator a vexatious litigant and dismissing his claims). Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought). /Molly Francis/ MOLLY FRANCIS JUSTICE 180633F.P05 –2–
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