Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Petition for Writ of Mandamus
Chief Justice Contreras and Justices Benavides and Hinojosa
LETICIA HINOJOSA JUSTICE. 
memorandum opinion issued on April 9, 2019, this Court denied
the petition for writ of mandamus in this case. See In re
Turan, No. 13-19-00124-CV, 2019 WL 1549395, at *1 (Tex.
App.-Corpus Christi Apr. 9, 2019, orig. proceeding) (mem.
op.). Relator Yasemin Turan has now filed a motion for
rehearing en banc, an amended motion for rehearing en banc,
and a motion for leave to file her amended motion. We grant
relator's motion for leave to file the amended motion for
rehearing en banc. We deny the amended motion for rehearing
en banc as moot. We withdraw our previous opinion and issue
this opinion in its stead.
filed a petition for writ of mandamus in the above cause on
March 25, 2019. Through this original proceeding, Turan seeks
to compel the trial court to vacate its temporary orders
pertaining to grandparent access and visitation and to
dismiss the case. See Tex. Fam. Code Ann. §
153.433 (West, Westlaw through 2017 1st C.S.).
obtain relief by writ of mandamus, a relator must establish
that the trial court committed a clear abuse of discretion
and that there is no adequate remedy by appeal. In re
Nationwide Ins. Co. of Am., 494 S.W.3d 708, 712 (Tex.
2016) (orig. proceeding); In re Prudential Ins. Co. of
Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig.
proceeding); Walker v. Packer, 827 S.W.2d 833,
839-40 (Tex. 1992) (orig. proceeding). The relator bears the
burden of proving both requirements. In re H.E.B. Grocery
Co., 492 S.W.3d 300, 302 (Tex. 2016) (orig. proceeding)
(per curiam); Walker, 827 S.W.2d at 840. Similarly,
the relator has the burden of providing the Court with a
sufficient mandamus record to establish her right to mandamus
relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex.
1992) (orig. proceeding); In re Athans, 458 S.W.3d
675, 676 (Tex. App.-Houston [14th Dist.] 2015, orig.
proceeding); see Tex. R. App. P. 52.3(k) (specifying
the required contents for the appendix); id. R.
52.7(a) (specifying the required contents for the record).
pertains to this case, mandamus relief is available if a
trial court grants a grandparent's request for temporary
access to grandchildren where the grandparent fails to prove
by a preponderance of the evidence that denial of possession
of or access to the child would significantly impair the
child's physical health or emotional well-being. See
In re Scheller, 325 S.W.3d 640, 643 (Tex. 2010) (orig.
proceeding) (per curiam); In re Derzapf, 219 S.W.3d
327, 335 (Tex. 2007) (orig. proceeding) (per curiam); In
re J.M.G., 553 S.W.3d 137, 140 (Tex. App.-El Paso 2018,
Court, having examined and fully considered the petition for
writ of mandamus, the incomplete record provided by relator,
and the applicable law, is of the opinion that Turan has not
met her burden to obtain mandamus relief. In this regard, we
note that Turan previously requested mandamus relief
regarding the same temporary orders that are subject to
review in this proceeding. See In re Turan, No.
13-19-00078-CV, 2019 WL 1305966, at *1-2 (Tex. App.-Corpus
Christi Mar. 22, 2019, orig. proceeding) (mem. op.). We
denied the petition for writ of mandamus because Turan
"failed to provide the Court with a record which
complies with the appellate rules." Id. In that
case, Turan had failed to file the reporter's record from
the underlying proceeding. See Tex. R. App. P.
in this subsequent petition for writ of mandamus, Turan has
furnished the Court with the December 6, 2018 order subject
to review, the transcript and exhibits from the November 27,
2018 hearing, and copies of various rules and statutes, but
she has not included any of the underlying pleadings
pertaining to the temporary orders. See id. R.
52.7(a)(1). The pleadings which would be "material to
the relator's claim for relief" would include the
petition or motion on which the temporary orders were
granted, any response thereto, and any other pleadings
related to the orders. See id. Based on the petition
for writ of mandamus, it would appear that at least one of
the pleadings at issue is supported by an affidavit and the
underlying hearing was held, in part, on a motion for
sanctions. None of these documents appear in the record
before us. Thus, Turan's petition is deficient. See
id.; Johnson v. Hughes, 663 S.W.2d 11, 12 (Tex.
App.-Houston [1st Dist.] 1983, orig. proceeding)
("Mandamus actions require certainty in the pleadings
and as to the facts."); see also In re Stuer,
No. 05-18-01346-CV, 2018 WL 6167962, at *1 (Tex. App.-Dallas
Nov. 26, 2018, orig. proceeding) (mem. op.) (denying mandamus
relief where "the mandamus record does not include a
certified or sworn copy of the order complained of, all
pleadings related to that order, or a hearing
transcript"). Accordingly, without reaching the merits,
we deny the petition for writ of mandamus and all relief
See Tex. R. App. P. 52.8(d)
("When granting relief, the court must hand down an
opinion as in any other case," but when "denying
relief, the court may hand down an opinion but is not
required to do so."); id. R. 47.4