In Re Marilyn Beard v. the State of Texas
CourtTexas Court of Appeals, 9th District (Beaumont)
Date FiledOctober 8, 2026
Docket09-26-00391-CV
StatusPublished
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Full Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-26-00391-CV
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IN RE MARILYN BEARD
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Original Proceeding
1st District Court of Jasper County, Texas
Trial Cause No. 42226
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MEMORANDUM OPINION
Relator Marilyn Beard filed a petition for a writ of mandamus. She seeks to
compel the trial court to rule on Relatorโs Emergency Applications and Motion to
Compel, and to order the Real Party in Interest to produce withheld Rule 194 Initial
Disclosure and discovery materials. Relator failed to support her mandamus petition
with the appendix and record that the Rules of Appellate Procedure require. See Tex.
R. App. P. 52.3(l), 52.7.
Relator bears the burden of providing this Court with a sufficient record to
establish her entitlement to mandamus relief. Walker v. Packer, 827 S.W.2d 833,
837 (Tex.1992) (orig. proceeding). Without a record, we are unable to determine
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whether Relator is entitled to mandamus relief. Accordingly, we deny the petition
for a writ of mandamus without prejudice. See Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM
Submitted on October 7, 2026
Opinion Delivered October 8, 2026
Before Golemon, C.J., Johnson and Wright, JJ.
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